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Immigration Law

Golden Gate University School of Law

Deportation

Publication Year

Articles 1 - 8 of 8

Full-Text Articles in Law

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil Jan 2012

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil

Golden Gate University Law Review

Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.

Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …


Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm Oct 2010

Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm

Golden Gate University Law Review

United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …


When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo Oct 2010

When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo

Golden Gate University Law Review

This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of …


Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo Sep 2010

Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo

Golden Gate University Law Review

No abstract provided.


Immigration Law, Louise E. Garrison, Jimmy L. Hom Sep 2010

Immigration Law, Louise E. Garrison, Jimmy L. Hom

Golden Gate University Law Review

No abstract provided.


Immigration Law, Terry Helbush Sep 2010

Immigration Law, Terry Helbush

Golden Gate University Law Review

No abstract provided.


Immigration Law, Bill Ong Hing Sep 2010

Immigration Law, Bill Ong Hing

Golden Gate University Law Review

No abstract provided.


The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing Aug 2010

The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing

Golden Gate University Law Review

No abstract provided.