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Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister Sep 2010

Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister

Golden Gate University Law Review

At first glance, the case of Gonzalez v. Reno is about a six-year-old boy caught in the midst of an international custody battle between his father in Cuba and his uncle in the United States. However, the case of Gonzalez v. Reno is basically a test of the separation of powers between the judicial, executive, and legislative branches of the federal government. The Background of this Note will explore Cuba's recent history with foreign powers. A better understanding of this history and a look at how Fidel Castro, Cuba's current leader, came to power will shed light on why many …


The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett Sep 2010

The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett

Golden Gate University Law Review

This note will discuss the history of sexual orientation-based asylum law. Further, it will outline the statutory requirements for asylum, explain the legal procedure of gaining asylum, and discuss the case law recognition of lesbians and gay men as "a particular social group." In addition, it will address the standards and definitions of persecution.


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 - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv Sep 2010

Immigration Law - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv

Golden Gate University Law Review

No abstract provided.


Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly Sep 2010

Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly

Golden Gate University Law Review

No abstract provided.


Immigration Law - El Rescate Legal Services V. Eoir: Immigration And Naturalization Service Not Required To Provide Full Translation Of Immigration Proceedings For Non-English Speaking Aliens, Helen J. Beardsley Sep 2010

Immigration Law - El Rescate Legal Services V. Eoir: Immigration And Naturalization Service Not Required To Provide Full Translation Of Immigration Proceedings For Non-English Speaking Aliens, Helen J. Beardsley

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, Maureen A. Monaghan, Jean Vieth Sep 2010

Immigration Law, Maureen A. Monaghan, Jean Vieth

Golden Gate University Law Review

No abstract provided.


Immigration Law, Kathryn L. Anderson Sep 2010

Immigration Law, Kathryn L. Anderson

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.


Immigration Law, Alex Schmid Aug 2010

Immigration Law, Alex Schmid

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.


Immigration Law, James Detwiler Aug 2010

Immigration Law, James Detwiler

Golden Gate University Law Review

No abstract provided.


Immigration Law, Jeffrey W. Korber Aug 2010

Immigration Law, Jeffrey W. Korber

Golden Gate University Law Review

No abstract provided.


Immigration Law, K. Franza Turner Aug 2010

Immigration Law, K. Franza Turner

Golden Gate University Law Review

No abstract provided.


Aliens, Deportation And The Equal Protection Clause: A Critical Reappraisal, Terry Jane Helbush Aug 2010

Aliens, Deportation And The Equal Protection Clause: A Critical Reappraisal, Terry Jane Helbush

Golden Gate University Law Review

No abstract provided.


Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz Jan 2008

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto Neitz

Publications

The purpose of this article is to suggest a new lens through which to examine the crisis in immigration courts: judicial ethics. Ethical considerations frequently play a decisive role in the resolution of immigration cases, in part because the outcomes for litigants in immigration courts can depend almost entirely on the attitude of the judge. Accordingly, the acknowledged crisis in immigration courts has severe implications for judicial ethics. Because the term "judicial ethics" encompasses a broad array of principles, this article will narrow its focus to bias and incompetence on the part of immigration judges in the courtroom. Part II …


United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger Oct 2006

United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger

Publications

The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features of …


Asian Law Journal Symposium On Labor And Immigration, Hina Shah May 1999

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

Publications

No abstract provided.


America's Victims At Its Southern Border, Assembly Republican Caucus Office Of Policy Research, Jamie Langius Jul 1996

America's Victims At Its Southern Border, Assembly Republican Caucus Office Of Policy Research, Jamie Langius

California Assembly

This report documents that American citizens and companies are victims of an international border that is out of control. The Speaker of the California State Assembly, Curt Pringle has established a Border Crime Subcommittee to the Public Safety Committee and appointed Assemblyman Jan Goldsmith as its Chair.


The Federal Government's Telephone Employment Verification System And California State Assembly Bill 507, Assembly Select Committee On Statewide Immigration Impact Dec 1995

The Federal Government's Telephone Employment Verification System And California State Assembly Bill 507, Assembly Select Committee On Statewide Immigration Impact

California Assembly

No abstract provided.


Proposition 187: Staff Report On The Implications For California Colleges And Universities, Assembly Committee On Higher Education Sep 1994

Proposition 187: Staff Report On The Implications For California Colleges And Universities, Assembly Committee On Higher Education

California Assembly

On November 8, 1994, the California electorate will consider Proposition 187, an initiative measure to (1) bar state and local agencies from providing education, health care, welfare, or other social services to any person whose citizenship or legal status is not verified and (2) require government employees (including teachers, doctors, social workers, and peace officers) to report any person determined to be or under reasonable suspicion of being in the United States illegally.

A summary of the initiative is displayed in Figure 2 of this report. This staff report provides an analysis of the postsecondary provisions of Proposition 187, and …


Summary Report Prepared For Assembly Select Committee On Statewide Immigration Impact, Assembly Office Of Research May 1994

Summary Report Prepared For Assembly Select Committee On Statewide Immigration Impact, Assembly Office Of Research

California Assembly

No abstract provided.


Addressing Immigration Issues In California: Briefing Paper, California Senate Office Of Research Mar 1994

Addressing Immigration Issues In California: Briefing Paper, California Senate Office Of Research

California Senate

No abstract provided.


Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum Jan 1994

Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum

Publications

Use of deadly force by the U.S. Border Patrol (and other immigration officers) and other forms of violence against border-crossing migrants has captured the attention of the agency's leadership, although the response remains equivocal and erratic. In 1993, the then Acting Commissioner of the Immigration and Naturalization Service (INS) pledged to aggressively pursue[ ] claims of misconduct and strictly adhere to investigative and disciplinary procedures. However, the INS stopped short of endorsing changes in complaint review procedures, such as the call for civilian oversight.

A decade has passed since the U.S. Commission on Civil Rights identified serious problems in the …


Making Immigration Policy Work In The United States, California Latino Legislative Caucus Aug 1993

Making Immigration Policy Work In The United States, California Latino Legislative Caucus

California Assembly

Nowhere in the United States has immigration become as controversial a political issue as in California. In the 1980s, immigrants accounted for one-third of the nation's population growth, with California absorbing about half of the newcomers. The recent recession has prompted some to blame the State's complex problems - such as unemployment, crime, and the dwindling availability of public resources - on this influx of immigrants. Immigrants are accused of abusing government assistance programs, contributing little or no tax revenue to the public coffers, taking jobs from U.S. citizens and failing to adjust to new communities. These concerns are heightened …


Californians Together: Defining The State's Role In Immigration, California Senate Office Of Research Jul 1993

Californians Together: Defining The State's Role In Immigration, California Senate Office Of Research

California Senate

No abstract provided.


The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum Jan 1992

The Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum

Publications

After more than a decade of debate, the United States Congress enacted the omnibus Immigration Reform & Control Act of 1986 (IRCA), which ushered in a period of "legalization" or adjustment of status to allow undocumented aliens "to emerge from the shadows."

Part I of this article explores the rationale of the legalization program, the experience of other countries in encouraging applications for their respective "amnesty" or "regularization" programs, and the components of the American approach designed to maximize participation through massive outreach and broad confidentiality.

Part II examines the Immigration and Naturalization Service's (INS) strict construction of the IRCA …


Impact Of The Immigration Reform And Control Act Of 1986 On California Agriculture, Joint Committee On Refugee Resettlement, International Migration, And Cooperative Development Jul 1988

Impact Of The Immigration Reform And Control Act Of 1986 On California Agriculture, Joint Committee On Refugee Resettlement, International Migration, And Cooperative Development

California Joint Committees

No abstract provided.