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Full-Text Articles in Law
The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles
The Case Against Separating The Care From The Caregiver: Reuniting Caregivers' Rights And Children's Rights, Pamela Laufer-Ukeles
Nevada Law Journal
No abstract provided.
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Nevada Law Journal
No abstract provided.
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Scholarly Works
The federal government has expressed fear that immigrants abuse the appellate process to delay their deportations by filing meritless petitions for review with the federal courts. Some courts have responded to these concerns by imposing stricter standards for issuing stays of removal, so that the government can more easily deport petitioners even while their appeals remain pending. The risk with this approach is that immigrants who ultimately prevail may be erroneously deported. What is often overlooked is that the potential for abuse is really a function of time, with longer appeals posing a greater threat to immigration enforcement. This study …
Justice On The Fly: The Danger Of Errant Deportations, Fatma Marouf, Michael Kagan, Rebecca Gill
Justice On The Fly: The Danger Of Errant Deportations, Fatma Marouf, Michael Kagan, Rebecca Gill
Scholarly Works
The government may deport an immigrant appealing a deportation order in federal court even before the court rules on the case, unless the court issues a stay of removal. In its 2009 decision in Nken v. Holder, the Supreme Court clarified that the legal standard for stays of removal is the same test courts use for preliminary injunctions. Yet Justice Kennedy expressed frustration that the Court had little data to inform its decision. The Court will likely need to revisit this issue, as doubts cloud the meaning of Nken’s main holdings, in part because the government misled the …