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Full-Text Articles in Law
Charles Demore V. Hyung Joon Kim: Antoher Step Away From Full Due Process Protections, Brian Smith
Charles Demore V. Hyung Joon Kim: Antoher Step Away From Full Due Process Protections, Brian Smith
Akron Law Review
Part II of this note traces the development of substantive due process protections for aliens, including general due process jurisprudence, the statutory authority for detaining criminal aliens, significant Supreme Court decisions, and approaches taken by the circuit courts. Part III examines the Supreme Court’s decision in Hyung Joon Kim. Part IV evaluates the due process analysis used by the Court and addresses the implications of this decision. Part V of this note concludes that the Court’s strained departure from strict scrutiny and its failure to provide an adequate explanation of the departure will have implications for aliens, citizens, and future …
The Political Discourse Of Amnesty In Immigration Policy, Bryn Siegel
The Political Discourse Of Amnesty In Immigration Policy, Bryn Siegel
Akron Law Review
This Article attempts to inform the reader on how politics surrounding the term itself has distracted lawmakers, and caused an ineffective backlash against all legalization measures. The deadlock which has prevented George W. Bush’s administration from making any significant changes to the INA can be largely attributed to this fundamental concern over amnesty...In an effort to resolve the dilemma of how to address the undocumented immigrant problem, this Article proposes two changes to the INA. First, Congress should reenact Section 245(i). This code section provides an opportunity for undocumented immigrants to legalize their status. Section 245(i) applies only to a …
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Akron Law Review
The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …
The Inquisitorial Advantage In Removal Proceedings, Won Kidane
The Inquisitorial Advantage In Removal Proceedings, Won Kidane
Akron Law Review
A thoughtful student once asked an immigration judge during an informal exchange: “If the respondent in your court who has just been found deportable appears to qualify for cancellation of removal but has failed to fill out the form properly, what would you do?” The judge responded matter-of-factly, “I am not his attorney. If the application is not completed properly, I don’t have an application to consider.” It goes without saying that the judge would then order the respondent deported for not submitting a properly completed application for relief. The judge’s response might have seemed harsh or even insensitive to …