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Full-Text Articles in Law
Foreword: Immigration & Nationality, James J. Orlow
Foreword: Immigration & Nationality, James J. Orlow
San Diego Law Review
My thesis is that, if the disposition of benefits is to be dependent upon a procedural system, then efforts must be taken to make that procedural system as fair as possible, although it is essentially irrelevant to do political work with judicial means when the substantive lawmaking has been delegated to the law enforcement agencies themselves. The Remedy to that fault may lie in the now reorganized Executive Office of Immigration Review.
Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt
Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt
San Diego Law Review
This Article explores the question of when does a nonimmigrant alien establish a United States domicile and, thus, a residence subjecting him to estate and gift tax. The authors argue that the case law, in both the tax and immigration fields, gives only a partial answer to that question, and identifies only the G-4 visa holder as capable of establishing a domicile, but fail to include other categories. The authors recommend that regulations be promulgated to delineate whether and under what circumstances each category of nonimmigrant aliens may, if at all, establish a United States domicile.
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
San Diego Law Review
This synopsis outlines significant developments in immigration law from July 1982 through July 1983.
A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue
A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue
San Diego Law Review
This Article analyzes the criteria established by the courts and the Immigration and Naturalization Service for determination of preference classification as a legitimated child where the legitimation occurs outside the United States. The author provides a comprehensive index of Board of Immigration Appeals decisions relating to legitimation under the laws of other counties, and concludes that a statutory amendment and the promulgation of additional regulations would resolve present inconsistencies and better effectuate the original purpose of existing immigration legislation.
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
San Diego Law Review
This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.
Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards
Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards
San Diego Law Review
This Comment analyzes the different interpretations of the "well-founded fear of persecution" standard for determining when an alien is eligible for political asylum in the United States, as established in the Refugee Act of 1980. The author suggests that correct interpretation of the new standard has recently been the subject of dispute between the Immigration and Naturalization Service and the United States courts of appeals. The author examines the various interpretations and suggests a different interpretation of this standard based on the legislative history of the Act and the recommendations of the United Nations.
"Entry" As An Issue In Immigration Law, Julie A. Jones
"Entry" As An Issue In Immigration Law, Julie A. Jones
San Diego Law Review
This Comment addresses the issues surrounding whether an alien had made an "entry" for purposes of determining the right of an alien to remain in the United States. The author argues that the term means much more than simply being physically present in the country and its implications are profound. The author examines the elements of the statutory definition of "entry," articulated in Section 101(a)(13) of the Immigration and Nationality Act, and surveys the various interpretations thereof by federal courts and the Board of Immigration Appeals.
The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte
The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte
San Diego Law Review
This Article examines the legal status and rights of undocumented workers under the National Labor Relations Act (NLRA). The author analyzes legislative policy and judicial decisions dealing with aliens and concludes that undocumented workers are within the coverage of the NLRA. He then addresses the question of a possible contradiction between federal labor and immigration law, but concludes that the two bodies of law are in accord. Even if such a contradiction antinomy exists, the author argues that the principles of accommodation support protection of undocumented aliens under the NLRA. The author concludes by addressing the complicated problems involved in …
The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney
The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney
San Diego Law Review
This Comment examines the use of guilty pleas by alien defendants. The author suggests that, while the Immigration and Nationality Act provides for deportation of aliens convicted of specified crimes, alien defendants frequently offer guilty pleas unaware or misinformed that they thereby subject themselves to potential deportation. The author argues that, traditionally, courts have not had to inform defendants of deportation consequences, but that deportation can be devastating to the alien and his family. The author concludes that a plea is not fully voluntary if offered unaware of such serious implications, and that courts should be required to inform alien …