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- Immigration; Due Process; Notice to Appear; Removal Proceedings; Stop-Time Rule; Cancellation of Removal; Jurisdiction; Deportation; Immigration and Nationality Act (1)
- Immigration; Migration control; Border Security; Zero Tolerance; Family Separation; Immigration Detention (1)
- Immigration; Procedural Due Process; Immigration Bail; Involuntary Confinement (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
Brooklyn Law Review
A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …
A Lineage Of Family Separation, Anita Sinha
A Lineage Of Family Separation, Anita Sinha
Brooklyn Law Review
Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia and …