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Full-Text Articles in Law
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez
San Diego International Law Journal
This Casenote will discuss both the origins of the LIFE Act and its early potential, and then focus attention on the BIA decision itself in Briones and its impact on immigration courts and U.S. courts of appeals. In Part II, this Casenote will give a brief overview of the LIFE Act and its creation. Parts III and IV will discuss the issues presented in Briones, the facts of the case, and the BIA?s decision. In Part V, the Casenote will then analyze the decision in Briones as it conflicts with previous case law from multiple circuit courts of appeal and …
Implicit Bias And Immigration Courts, Fatma Marouf
Implicit Bias And Immigration Courts, Fatma Marouf
Scholarly Works
This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit "old-fashioned" prejudice to more subtle forms of "modem" and "aversive" prejudice, the Article argues that the specific conditions under which immigration judges decide cases render them especially prone to the influence of implicit bias. Specifically, it examines how factors such as immigration judges' lack of independence, limited opportunity for deliberate thinking, low motivation, and the low risk of judicial review all allow implicit bias to drive decisionmaking. The Article then recommends certain reforms, both simple and complex, …