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Full-Text Articles in Law
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
Taming The Asylum Adjudication Process: An Agenda For The Twenty-First Century, Katherine L. Vaughns
San Diego Law Review
This Article addresses the process for providing asylum to immigrants in the United States. The Article argues that the statutory scheme, enacted as part of the Refugee Act of 1980, is not designed to handle the many thousands of asylum applications filed by foreign nationals who are physically present in the United States without the benefit of lawful immigration status. As a discretionary form of relief, asylum operates as a "backdoor" to regular permanent immigration status in this country. The author attempts to show that the judicial process is not well suited to resolve the remaining issues that fuel asylum …
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
The Consequences Of Nonappearance: Interpreting New Section 242b Of The Immigration And Nationality Act, Iris Gomez
San Diego Law Review
This Article explores Section 242B of the Immigration and Nationality Act, added by the Immigration Act of 1990. This provision stripped immigration judges of the discretion they had to determine whether a constitutionally required deportation hearing may take place in the alien's absence. The author examines three major issues of statutory interpretation that determine the extent of the hardships that this law may thrust upon aliens. These issues are: (1) the scope of the limits on the ability to rescind a deportation order made in the alien's absence, (2) the scope of the five-year disqualification provision which is triggered by …