Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Deportation (3)
- Aliens (2)
- Immigration and Nationality Act (2)
- Judicial review (2)
- Noncitizens (2)
-
- Alienage status (1)
- Asylum (1)
- Attorney General (1)
- Board of Immigration Appeals (1)
- Causes of action (1)
- Discretion (1)
- District of confinement rule (1)
- Due process (1)
- El Salvador (1)
- Extended voluntary departure (1)
- Federal courts (1)
- Fourth Circuit (1)
- Habeas actions (1)
- Hotel and Restaurant Employees Union Local 25 v. Smith (1)
- INS v. Chadha (1)
- Illegal Immigration Reform and Immigrant Responsibility Act (1)
- Immediate custodian rule (1)
- Immigration and Customs Enforcement (ICE) (1)
- Immigration and Naturalization Service (1)
- Immigration detention (1)
- Immigration petitioners (1)
- Legal status (1)
- Mandatory detention (1)
- Minimum contacts (1)
- Peripheral detention and transfer (1)
Articles 1 - 7 of 7
Full-Text Articles in Immigration Law
Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé
Peripheral Detention, Transfer, And Access To The Courts, Jessica Rofé
Michigan Law Review
In the last forty years, immigration detention in the U.S. has grown exponentially, largely concentrated in the southern states and outside of the country’s metropoles. In turn, federal immigration officials routinely transfer immigrants from their communities to remote jails and prisons hundreds, if not thousands, of miles away, often in jurisdictions where the law is more favorable to the government. These transfers are conducted without notice or process and frequently occur on weekends or in the predawn hours, when offices are closed and interested parties are lucky to access voicemail.
Federal immigration officials’ use of peripheral detention and transfer significantly …
Personal Jurisdiction And Aliens, William S. Dodge, Scott Dodson
Personal Jurisdiction And Aliens, William S. Dodge, Scott Dodson
Michigan Law Review
The increasing prevalence of noncitizens in U.S. civil litigation raises a funda-mental question for the doctrine of personal jurisdiction: How should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal juris-diction, in cases like Bristol–Myers Squibb Co. v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of personal jurisdiction over aliens. Under this theory, alienage status broadens the geographic range for mini-mum contacts from a single state to the whole nation. …
Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann
Proposing A One-Year Time Bar For 8 U.S.C. § 1226(C), Jenna Neumann
Michigan Law Review
Section 1226(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires federal detention of certain deportable noncitizens when those noncitizens leave criminal custody. This section applies only to noncitizens with a criminal record (“criminal noncitizens”). Under section 1226(c), the Attorney General must detain for the entire course of his or her removal proceedings any noncitizen who has committed a qualifying offense “when the alien is released” from criminal custody. Courts construe this phrase in vastly different ways when determining whether a criminal noncitizen will be detained. The Board of Immigration Appeals (BIA) and the Fourth Circuit read “when …
Chadha, Abner J. Mikva
Chadha, Abner J. Mikva
Michigan Law Review
A Review of Chadha by Barbara Hinkson Craig
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Michigan Law Review
This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, …
Extended Voluntary Departure: Limiting The Attorney General's Discretion In Immigration Matters, Lynda J. Oswald
Extended Voluntary Departure: Limiting The Attorney General's Discretion In Immigration Matters, Lynda J. Oswald
Michigan Law Review
Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening conditions in their homelands. The Attorney General's actions were apparently undertaken for humanitarian reasons and went largely unnoticed by the public.
Part I of this Note defines EVD and distinguishes it from related forms of deportation relief. Part II describes the Employees Union court's holding. The evolution of American perceptions of immigration …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;