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Articles 1 - 13 of 13
Full-Text Articles in Immigration Law
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon
San Diego Law Review
This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief …
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts
San Diego Law Review
This article by the form Chairman of the Board of Immigration Appeals examines the Board's function. The Board of Immigration Appeals is a quasi-judicial tribunal that is attached to the office of the Attorney General. The Board has never received statutory recognition and depends upon the Attorney General for its existence. The author argues that the Board should receive statutory recognition from Congress so that it can better fulfill its mission. The author begins with the origin and history of the Board. He then discusses how the Board has come to be the administrative institution that it is today. Finally …
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel
San Diego Law Review
This article discusses the economic impact of illegal aliens on the United States economy. The author starts by briefly addressing four different kinds of impacts on the United States from illegal immigration: Sociopolitical, Population, Labor standards, and Social welfare costs. The author then examines the impact of immigration on the market including general trends, the effect of immigration on the market in the current period, the fear of American workers being displaced from their jobs, and the impact on employment and wages. Next the author examines immigration policy both as an ethical problem and how to restrict illegal immigration. The …
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky
San Diego Law Review
This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.
Foreword, Griffin Bell
Foreword, Griffin Bell
San Diego Law Review
This foreword introduces the problem of undocumented aliens in the United States . The Attorney General briefly describes the President's new program for dealing with this problem which includes permanent resident status, temporary resident status, increased enforcement, employer sanctions, international relations, temporary migration, quota changes, and an interagency task force on immigration law.
Introduction, Leonel Castillo
Introduction, Leonel Castillo
San Diego Law Review
This introduction introduces the topic of immigration and the authors that have contributed articles to this issue. Contributing authors include: Maurice A. Roberts, Former Board of Immigration Appeals Chairman; Richard Plender, lawyer and advisor to the United Kingdom and Ireland on refugee situations; Charles Gordon, former INS General Counsel; Elwin Griffith; Walter Fogel, immigration scholar and researcher; Stephen H. Legomsky, former student director of the University of San Diego Immigration Clinic; and two student comments.
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender
San Diego Law Review
This article examines the plight of refugees and the international law that attempts to protect them. The author begins by discussing the rules of international law that currently govern the definition and admission of refugees for support from the United Nations High Commissioner for Refugees. The author goes on to discuss defects in the conventional definition of refugee which excludes about half the world's refugees from this support. Next the author addresses the Draft Convention on Territorial Asylum which is intended in part to overcome the shortcomings of previous treaties that have defined "refugee". The author concludes by calling for …
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith
San Diego Law Review
This article is about the statutory relief available to some aliens whose violation of immigration laws would ordinarily subject them to deportation or exclusion. The author begins by discussing section 241(f) of the Immigration and Nationality Act, which provides relief in certain cases to aliens who otherwise would be deported if they have established close family relationship with American citizens or permanent residents. The author then addresses section 212(c) of the Act, which permits the Attorney General to exercise discretion to admit an alien who may be otherwise be excludable. Finally the author examines section 244(a)(1) of the Act, which …
Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes
Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes
BYU Law Review
No abstract provided.
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Michigan Law Review
A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …
Adminsitrative Law - Does An Alien's State Narcotics Conviction Subject Him To Mandatory Deportation Under Section 241(A)(11) Of The Immigration And Nationality Act If His Conviction Has Been Set Aside Pursuant To A State Procedure, Robert E. Greshes
Villanova Law Review
No abstract provided.
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris
Cleveland State Law Review
Although each major amendment of the Immigration and Nationality Act of 1952, the nation's first comprehensive immigration law, has had the positive effect of enhancing broad national policies, the position of the alien professional within the statutory framework has changed with each amendment. The result is that the professional must today comply with more requirements in order to enter the United States for the purpose of employment. The purpose of this Note is to analyze the changes in the immigration laws effected by the 1976 Immigration Act Amendments and the impact of these changes upon the alien professional.
Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee
Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee
Cleveland State Law Review
The recent advent of decriminalization for adjudications based upon possession of small amounts of marijuana has focused much attention upon the harsh immigration consequences of such adjudications for the permanent resident alien. Under section 241(a)(11) of the Immigration and Nationality Act (INA), an alien convicted of possession of marijuana is deportable, and only limited means of relief are available. Due to its severity, however, the section has not been viewed with favor by the courts or the Board of Immigration Appeals, and the result in recent years has been the increased use of a number of ploys either to evade …