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Articles 1 - 26 of 26
Full-Text Articles in Law
Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard
Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard
Golden Gate University Law Review
In 2007, Dr. Poghos Kazarian appealed the United States Citizenship and Immigration Service’s denial of his application for an “extraordinary ability” visa. Prior to Kazarian v. US Citizenship & Immigration Services, the Ninth Circuit had never addressed the issue of how the statutory and regulatory requirements for the “extraordinary ability” visa should be interpreted. The Kazarian court determined that the regulations outlining the evidence sufficient to qualify for the “extraordinary ability” classification were extremely restrictive. The court then concluded that, since Dr. Kazarian had presented only two of the three types of evidence required to meet the eligibility criteria, the …
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Golden Gate University Law Review
United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …
When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
Golden Gate University Law Review
This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of …
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Golden Gate University Law Review
This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Golden Gate University Law Review
Part I provides the basic definitions and understandings this Comment will adopt within the transgender paradigm and provides an overview of United States asylum procedures and the immigration court structure. Part II discusses asylum applications based on sexual orientation and will address how subsequent cases have erroneously applied this social group to transgender applicants. Part II further highlights examples of adjudicatory issues that transgender asylum seekers may face as a result of not identifying as homosexual. Part III showcases the recognition and protection afforded to transgender plaintiffs in pivotal civil discrimination cases and, as a result, how their rights have …
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Golden Gate University Law Review
This article focuses on state discrimination against illegal immigrants and the use of equal-protection doctrine to protect these immigrants' rights to enjoy the array of benefits and services offered by state governments. There are two main reasons why this article will focus on the Equal Protection Clause rather than on federal preemption doctrine, which is the other major tool that illegal immigrants can use to attack discriminatory state classifications. First, the equal-protection doctrine highlights the dignity and membership of an individual in American society in a way that the more structural preemption analysis does not. Second, preemption has become the …
The Marriage Myth: Why Mixed-Status Marriages Need An Immigration Remedy, Julie Mercer
The Marriage Myth: Why Mixed-Status Marriages Need An Immigration Remedy, Julie Mercer
Golden Gate University Law Review
Part I of this Comment reviews the history of adjustment of status, the expired 245(i) remedy, the three or ten year bar, and the extreme hardship waiver. Part II illustrates how current immigration law runs counter to United States pro-marriage policy, promotes separation of spouses in mixed-status marriages, and has a negative economic impact. Part III recommends reinstating a narrow version of the 245(i) remedy only for U.S. citizens' unauthorized spouses and creating a marriage fraud enforcement division. Finally, Part IV concludes that creating a remedy for U.S. citizens would avoid the harmful impacts of the current law while generating …
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Golden Gate University Law Review
This Comment analyzes the Development Relief and Education for Alien Minors ("DREAM") Act, which is proposed legislation that provides undocumented immigrant youth an opportunity to achieve higher education and legal status. Part I of this Comment describes the legislative history, specific provisions, and need for the DREAM Act. Part II demonstrates how state laws are insufficient to overcome some of the barriers that undocumented youth face in attempting to achieve higher education, and how the DREAM Act will help overcome those barriers. Part III of this Comment recommends that Congress should seriously consider the Convention on the Rights of the …
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Golden Gate University Law Review
In Zhang v. Gonzales, the Ninth Circuit considered for the first time whether an unaccompanied minor child of a parent who was forcibly sterilized should be automatically eligible to apply for asylum. Deferring to the statutory interpretation adopted by the Board of Immigration Appeals ("BIA"), the court found against the child. The court's opinion retreated from earlier dictum suggesting that the refugee statute could reasonably be extended to grant automatic eligibility to a child. However, the court went on to hold that the parents' political opinion - in the form of resistance to coercive population controls - could still be …
Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister
Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister
Golden Gate University Law Review
At first glance, the case of Gonzalez v. Reno is about a six-year-old boy caught in the midst of an international custody battle between his father in Cuba and his uncle in the United States. However, the case of Gonzalez v. Reno is basically a test of the separation of powers between the judicial, executive, and legislative branches of the federal government. The Background of this Note will explore Cuba's recent history with foreign powers. A better understanding of this history and a look at how Fidel Castro, Cuba's current leader, came to power will shed light on why many …
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
Golden Gate University Law Review
This note will discuss the history of sexual orientation-based asylum law. Further, it will outline the statutory requirements for asylum, explain the legal procedure of gaining asylum, and discuss the case law recognition of lesbians and gay men as "a particular social group." In addition, it will address the standards and definitions of persecution.
Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo
Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo
Golden Gate University Law Review
No abstract provided.
Immigration Law - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv
Immigration Law - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv
Golden Gate University Law Review
No abstract provided.
Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly
Immigration Law - Flores V. Meese: Ins' Blanket Dentention Of Minors Invalidated, Richard A. Karoly
Golden Gate University Law Review
No abstract provided.
Immigration Law - El Rescate Legal Services V. Eoir: Immigration And Naturalization Service Not Required To Provide Full Translation Of Immigration Proceedings For Non-English Speaking Aliens, Helen J. Beardsley
Golden Gate University Law Review
No abstract provided.
Immigration Law, Louise E. Garrison, Jimmy L. Hom
Immigration Law, Louise E. Garrison, Jimmy L. Hom
Golden Gate University Law Review
No abstract provided.
Immigration Law, Maureen A. Monaghan, Jean Vieth
Immigration Law, Maureen A. Monaghan, Jean Vieth
Golden Gate University Law Review
No abstract provided.
Immigration Law, Kathryn L. Anderson
Immigration Law, Kathryn L. Anderson
Golden Gate University Law Review
No abstract provided.
Immigration Law, Terry Helbush
Immigration Law, Terry Helbush
Golden Gate University Law Review
No abstract provided.
Immigration Law, Bill Ong Hing
Immigration Law, Bill Ong Hing
Golden Gate University Law Review
No abstract provided.
Immigration Law, Alex Schmid
The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing
The Ninth Circuit: No Place For Drug Offenders, Bill Ong Hing
Golden Gate University Law Review
No abstract provided.
Immigration Law, James Detwiler
Immigration Law, James Detwiler
Golden Gate University Law Review
No abstract provided.
Immigration Law, Jeffrey W. Korber
Immigration Law, Jeffrey W. Korber
Golden Gate University Law Review
No abstract provided.
Immigration Law, K. Franza Turner
Immigration Law, K. Franza Turner
Golden Gate University Law Review
No abstract provided.
Aliens, Deportation And The Equal Protection Clause: A Critical Reappraisal, Terry Jane Helbush
Aliens, Deportation And The Equal Protection Clause: A Critical Reappraisal, Terry Jane Helbush
Golden Gate University Law Review
No abstract provided.