Immigration Law Commons^™

Promises And Pitfalls: Former Lprs Quest For A Second Chance, Jeanin Alvarado

GGU Law Review Blog

Every year, the United States Immigration and Customs Enforcement (ICE) removes thousands of immigrants from the United States. In the fiscal year between October 2021 and September 2022, ICE executed the removal of 72,117 noncitizens, which is a 22% increase from the previous fiscal year. Of those removals, 44,096 noncitizens had criminal convictions or pending charges. According to the United States Department of Homeland Security (DHS), as of January 2022, an estimated 12.9 million lawful permanent residents (LPRs) live in the United States. About 970,000 of these LPRs obtained status before 1980, while the remaining 11.9 million obtained status …

A Vicious Cycle: United States’ Failure To Protect Immigrant Women’S Reproductive Rights At The Irwin County Detention Center, Lizet Palomera Torres

Golden Gate University Law Review

The United States Immigration and Customs Enforcement agency (ICE) detained Jane Doe #15, an immigrant woman, at the Irwin County Detention Center (ICDC) in Georgia. During Jane’s time at ICDC, Doctor Mahendra Amin hastily examined her because she was experiencing severe pain in her pelvic area. Abandoning established professional and legal protocols for diagnosis and treatment, the medical staff scheduled Jane for surgery. Jane did not know what to expect from the surgery or what the medical personnel would do. After the surgery, the staff at ICDC neglected Jane’s care. She could not get out of bed on her own; …

Transgender Law Center V. Ice: Ninth Circuit Rules Ice Failed To Meet Foia Requirements After Death Of Detainee, Kayla Hughes

Golden Gate University Law Review

This case summary details the decision in Transgender L. Ctr. v. Immigr. & Customs Enf’t, 46 F.4th 771 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed whether the U.S. Immigration and Customs Enforcement Agency (ICE) had properly responded to a request for information pursuant to the Freedom of Information Act (FOIA) (5 U.S.C. § 552). The Transgender Law Center (TLC) had filed a complaint of an asylum-seeker who had died in the custody of ICE. In furtherance of its claim, TLC had submitted two FOIA requests regarding the circumstances of the complainant’s death. …

Case Summary: Soto-Soto V. Garland: Ninth Circuit Rules Bia Applied The Wrong Standard Of Review And Erred In Denying A Victim Of Torture Deferral Of Removal Under The Convention Against Torture, Vanessa Lee

Golden Gate University Law Review

The Ninth Circuit granted a petition for review of the Board of Immigration Appeals decision to deny a deferral of removal under the Convention Against Torture. The Board held that the Immigration Judge’s findings granting Delfina Soto-Soto relief under the convention were clearly erroneous. The Board reasoned that the judge failed to acknowledge certain facts that indicate Soto-Soto is not likely to suffer torture if sent back to her country, Mexico. On appeal, Soto-Soto argues that the Board did not apply the correct standard of review. Instead of reviewing the judge’s finding under the clear-error standard, Soto-Soto contends that the …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

The Politics Of Stupidity At The U.S.-Mexico Border: The Devil’S Highway By Luís Alberto Urrea, Valeria Ramos Jansen

GGU Law Review Blog

A vivid, shocking, and provocative story about 26 “walkers”—migrating Mexican men who suffered and died in the Arizona desert on May 19, 2001—The Devil’s Highway is a profound work of nonfiction by Luís Alberto Urrea. Born in Tijuana to a Mexican father and an American mother, Urrea understands the contradictions and absurdities at the U.S.-Mexico border. While Urrea clearly wants the reader to learn about the walkers’ humanity and motivations to leave Mexico, he leaves it up to readers to arrive at their own conclusions about their coyotes and guides. Sometimes Urrea sympathizes with the walkers’ main guide, while …

Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen

Poverty Law Conference & Symposium

Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”

Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws: …

America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr.

GGU Law Review Blog

In recent years, the Executive Office of the United States has engaged in a series of unprecedented moves, making it extremely difficult for immigrants to apply for asylum. The directives from President Donald Trump serve to discourage immigrants from attempting to make the trip across the United States-Mexico border. For others, the directives serve as a stern warning.

Ledezma-Cosino V. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism Is A Moral Character Flaw, Corey Timpson

Golden Gate University Law Review

This Note focuses on one historically uncommon way in which courts decide to deport an undocumented immigrant seeking cancellation of removal. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in Ledezma-Cosino v. Sessions found an undocumented immigrant seeking cancellation of removal ineligible because he was considered a “habitual drunkard.” Ultimately, his case was reheard en banc where the Ninth Circuit vacated the original three-judge panel opinion and upheld the Immigration Judge and the Board of Immigration Appeals’ decision finding Ledezma-Cosino ineligible for cancellation of removal because he was a habitual drunkard.

The first part of this …

California Wine Industry Feels The Effect Of Trump, Golden Gate University Law Review

GGU Law Review Blog

“When Mexico sends its people, they’re not sending their best. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists.” This was much of the tone about immigrants during Donald Trump’s speeches on his campaign trail. Since President Trump took office, it seems that immigration has propelled to the forefront of political debates and water cooler talk. Most of the headlines regarding immigration that have dominated our screens have been about children being separated at the border, Trump’s disapproval of sanctuary cities, or Trump’s incessant demand to …

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.

State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan

Golden Gate University Law Review

The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note urges …

Sanctuary Campuses: To Be Or Not To Be, That Is The Question, Renei Caballes

GGU Law Review Blog

In addition to cities affirming their status as sanctuaries to undocumented immigrants, college campuses have also pressured their administrations to declare their campuses sanctuaries in order to combat the President’s attacks on the undocumented members of their student bodies. Despite this pressure, many campuses are reluctant to definitively state whether or not they will be considered a “sanctuary campus” given the potential consequences of such a declaration, namely having their vital federal funding stripped. Further, for institutions that are willing to deem themselves sanctuary campuses, it is unclear just what a sanctuary campus will look like and entail. While sanctuary …

Why Immigrants Benefit The United States Economy And The Legal And Tax Issues Chinese, Filipinos And Vietnamese Face When Immigrating To The U.S., Marc Santamaria

Theses and Dissertations

This comprehensive study in U.S. immigration law examines its interactions with many relevant and significant laws and issues that affect immigrants. This study argues that immigrants benefit the U.S. economy because of their improvement on labor competition, contribution to the technology and science fields, and direct and indirect creation of jobs. This study draws upon scholarly research that proves immigrants help wages in their respective regions grow at high rates. The next question then turns to how immigrants can move to the U.S. through certain visas, and this study has a special focus on employment and investor visas. These are …

Trump’S Immigration Policy: Borderline Unconstitutional, Josue Aparicio

GGU Law Review Blog

The 2016 Presidential primaries are well on their way, and the issue of immigration reform has been a contentious one, to say the least. This is especially true on the Republican side, where leading candidate Donald Trump has advocated extreme measures to reform immigration policy, such as building a wall between the U.S. and Mexican Border, and temporarily banning Muslim immigrants from entering the U.S.

However, Trump’s other plans for immigration reform, which call for mass deportations and the abolition of birthright citizenship, have dominated discussions. Besides the fact that these two policies are criticized for being impractical and prejudicial, …

Immigration And Naturalization Law, Johanna K.P. Dennis, Et Al.

Publications

This article summarizes developments in immigration and naturalization law during 2011.

United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil

Golden Gate University Law Review

Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.

Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …

"Mommy, Where Is Home?": Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, Johanna K.P. Dennis

Publications

This Article discusses whether the parent's time in residence and date of admission (immigration status) should be imputed to an unemancipated minor; the two recently decided U.S. Supreme Court cases addressing this issue; the policy implications and impact of an imputation rule on undocumented children; and the impetus and potential vehicles for changing the status quo.

United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz

Golden Gate University Law Review

In United States v. Ruiz-Gaxiola, the United States Court of Appeals for the Ninth Circuit held that the government could not medicate a defendant involuntarily for the sole purpose of rendering the defendant competent to stand trial. The court relied on the Sell test in making its determination. In Sell v. United States, the United States Supreme Court established a four-pronged test for determining whether a court should grant a request to medicate a defendant involuntarily. A court may not grant such a request unless the government shows that (1) an important government interest is at stake in …

Challenges Facing Unaccompanied Refugee Minors' Access To Legal Aid, Sharon Brenner

Student Publications

This article is the grand prize winner of Legal Language Service's immigration article contest. Legal Language awarded $500 to the grand prize winner as well as $100 awards to the 2nd and 3rd place winners.

Grand prize: Brenner, a student at Golden Gate University in San Francisco. Her article, “Challenges Facing Unaccompanied Refugee Minors’ Access to Legal Aid,” brings up the challenges refugee children face in accessing necessary legal services in the United States and discusses the effect a comprehensive approach to legal aid can have on this portion of the US immigrant population.

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

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

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

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

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

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

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

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

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 …