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Full-Text Articles in Law
Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, Michael Virga
Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, Michael Virga
St. John's Law Review
(Excerpt)
This Note argues that courts should interpret § 1325(c) as applicable to anyone who enters a marriage with any intent of evading immigration laws, regardless of any other underlying motivations. Part I examines the motivations for and prevalence of immigration marriage fraud, as well as the historical context in which the statute in question was drafted. Part II analyzes the unsettled landscape of § 1325(c)'s interpretation and application, in addition to the competing arguments for the respective tests. Part III argues for the universal adoption of the Evade the Law standard, premised on the need for plain meaning statutory …
Suspicious Suspect Classes - Are Nonimmigrants Entitled To Strict Scrutiny Review Under The Equal Protection Clause?: An Analysis Of Dandamudi And Leclerc, John Harras
St. John's Law Review
(Excerpt)
Part I of this Note provides the background necessary to understand the different alienage classifications, equal protection jurisprudence, and the confusion in the Supreme Court's alienage equal protection precedent. Part II describes the differences of opinion among the circuit courts on the application of the Equal Protection Clause to nonimmigrants. Part III argues, in greater detail, that nonimmigrants are not a suspect class for the reasons stated above.
Let Ghosts Be Ghosts, Toni L. Mincieli
Let Ghosts Be Ghosts, Toni L. Mincieli
St. John's Law Review
(Excerpt)
Part I of this Note discusses the rise of pro se status in civil matters, specifically in immigration proceedings, and how courts and the legal community have responded with limited scope representation, including ghostwriting. Part II discusses in detail the controversy surrounding ghostwriting. It also illustrates how ghostwriting is, fortunately, beginning to gain acceptance. Lastly, Part III urges the acceptance of ghostwriting in immigration proceedings. It explains why ghostwriting is essential to immigrants and how the arguments put forth against the practice are not applicable to immigration proceedings.
"Membership In A Particular Social Group": Why United States Courts Should Adopt The Disjunctive Approach Of The United Nations High Commissioner For Refugees, Hannah Mccuiston
"Membership In A Particular Social Group": Why United States Courts Should Adopt The Disjunctive Approach Of The United Nations High Commissioner For Refugees, Hannah Mccuiston
St. John's Law Review
(Excerpt)
This Note calls for the adoption of the Guidelines on International Protection of the UNHCR in defining "membership in a particular social group" under the Refugee Act of 1980. Part I discusses the United States' obligations under the Convention and Protocol, and the process by which these obligations were incorporated into domestic law with the enactment of the Refugee Act of 1980. Part I also demonstrates how deviation from the United States' international obligations led to the circuit split. Part II outlines the views adopted by circuits on both sides of the split. Part III asserts that circuit courts …
Single, Young Female - Seeking Asylum: The Struggles Victims Of Sex Trafficking Face Under Current United States Refugee Law, Diana Squillante
Single, Young Female - Seeking Asylum: The Struggles Victims Of Sex Trafficking Face Under Current United States Refugee Law, Diana Squillante
St. John's Law Review
(Excerpt)
This Note argues that the IJ, the BIA, and the circuit courts got it wrong. The courts reject creating a category representing young women in fear of being forced into prostitution because they feel it is too broad and does not establish a common characteristic. However, due to the courts' analyses' inconsistencies with the initiatives of the United Nations ("UN") and the United States to prevent and put an end to sex trafficking, a new analysis should be conducted to fulfill this goal.
Crimes Involving Moral Turpitude: In Search Of A Moral Approach To Immoral Crimes, Patrick J. Campbell
Crimes Involving Moral Turpitude: In Search Of A Moral Approach To Immoral Crimes, Patrick J. Campbell
St. John's Law Review
(Excerpt)
This Note seeks to demonstrate that the term "moral turpitude" is sufficiently ambiguous to warrant judicial deference to the Attorney General's opinion in Silva-Trevino. Part I explains the origins of "crimes involving moral turpitude" as grounds for removal and inadmissibility, and how courts have historically defined which crimes fit within this category. Even though courts do not dispute the general definition of moral turpitude, this Note explains how legislation that centers on subjective issues like morality is inherently ambiguous. Part II explains the shortfalls of the approach derived from case law prior to Silva-Trevino, largely because of …
Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell
Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell
St. John's Law Review
(Excerpt)
Part I traces the historical roots of the relationship between local police and federal immigration authorities, beginning with the changes in enforcement strategy precipitated by the September 11, 2001 attacks and leading up to the launch of S-Comm. The federal government's increased reliance on local police to supplement its internal enforcement efforts has raised several Tenth Amendment concerns as the states struggle to define the proper scope of their "inherent authority" to act in immigration matters, with officials in some so-called sanctuary cities insisting that their inherent authority to enforce federal immigration law is commensurate with the sovereign right …