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Full-Text Articles in Law

The Immigration Court: Zigzagging On The Road To Judicial Independence, Mimi Tsankov Jan 2022

The Immigration Court: Zigzagging On The Road To Judicial Independence, Mimi Tsankov

University of Colorado Law Review

The Article will begin by outlining the basic structure of the existing system and identifying some of the key changes that have impacted IJs (Immigation Judges) on the bench, which have driven us to a moment in history that many argue is our most tenuous. Part I will offer a brief overview of our court structure for context. Part II will explain how, after a tumultuous five years, Immigration Courts are currently significantly tarnished such that rehabilitation of the existing system may serve a short-term purpose but will inevitably fail to address the larger, fundamental inequities that result from a …


The Failures Of Good Moral Character Determinations For Naturalization, Zachary New Jan 2022

The Failures Of Good Moral Character Determinations For Naturalization, Zachary New

University of Colorado Law Review

This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …


Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson Jan 2022

Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson

University of Colorado Law Review

The following work contains three monologues from Motus Theater's UndocuAmerica Project, which aims to interrupt dehumanizing portrayals of immigrants by encouraging thoughtful engagement on the challenges faced by undocumented communities and the assets immigrants bring to our country. The monologues were created in a collaboration between leaders with DACA status and Motus Theater Artistic Director Kirsten Wilson during a seventeen-week autobiographical- monologue workshop. All three pieces were presented in a virtual performance on April 8, 2021, as an introduction to the 29th Annual Rothgerber Conference.


Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu Jan 2022

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

University of Colorado Law Review

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …


Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp Jan 2022

Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp

University of Colorado Law Review

No abstract provided.


Pursuing Citizenship During Covid-19, Ming Hsu Chen Jan 2022

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.


One Step Forward, Two Steps Back: How Attorney General Review Undermines Our Immigration Adjudication System, Emma K. Carroll Jan 2022

One Step Forward, Two Steps Back: How Attorney General Review Undermines Our Immigration Adjudication System, Emma K. Carroll

University of Colorado Law Review

No abstract provided.


Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks Jan 2022

Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks

University of Colorado Law Review

No abstract provided.