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Articles 1 - 30 of 98
Full-Text Articles in Immigration Law
The Rights Of Aliens In The 1980s, Juan Ernesto Mendez
The Rights Of Aliens In The 1980s, Juan Ernesto Mendez
Antioch Law Journal
The United States has always been on the receiving end of the immigration stream. Today's immigration flow however, is markedly different from that of the 19th and early 20th centuries. Immigrants continue to come from a large variety of countries and ethnic origins, but a majority of them tend to be both poor and non-white. The flow of immigration has steadily increased since the early 1970's as international travel and communications have become more developed. Another element adding to the number of recent arrivals is the refugee crisis around the world. In some instances, the United States has perpetuated this …
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
San Diego Law Review
This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.
Foreword, Alan K. Simpson
Foreword, Alan K. Simpson
San Diego Law Review
Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
San Diego Law Review
This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
San Diego Law Review
This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at …
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
San Diego Law Review
This Article examines the United States Supreme Court's holding in INS v. Wang. The author argues that the decision severely limited judicial review of administrative decisions of suspension of deportation. She explores the factors considered by adjudicative bodies in ruling on extreme hardship and motions to reopen suspension proceedings, and examines the nature of the "extreme hardship" requirements in light of the holding in Wang. The author concludes that guidelines must be established which will aid in defining the term "extreme hardship" and establish a single evidentiary standard necessary to support this claim.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
San Diego Law Review
This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.
The International Entertainer Under United States Immigration Law, Charles C. Foster
The International Entertainer Under United States Immigration Law, Charles C. Foster
San Diego Law Review
This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
San Diego Law Review
This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
San Diego Law Review
This Article addresses the area of motions practice before the Board of Immigration Appeals, arguing that it is often a complex procedural maze for immigration attorneys. The author examines the intricacies of this procedure, focusing on motions to reopen, motion to reconsider, motions to remand, and motions for stays of deportation. He further examines the often contested issues of the prima facia case, particularly in the context of motions to reopen. In this discussion, the author, an appellate trial lawyer for the Immigration and Naturalization Service, stresses the practical aspects of motions practice in this area.
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
San Diego Law Review
This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.
Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston
Libel Litigation In Texas: The Plaintiff's Perspective., Mary A. Sprague Langston
St. Mary's Law Journal
Abstract Forthcoming.
Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.
Texas Asbestos Claims And Market Share Liability: New Remedy For An Old Tort., John B. Mileno Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell
Section 7 Of The Clayton Act Applies To Banks And Bank Holding Company Mergers., Terry E. Mitchell
St. Mary's Law Journal
Abstract Forthcoming.
The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii
The New Property Tax Code And Perfecting The Appeal: The Taxpayer's Perspective., Edward Kliewer Iii
St. Mary's Law Journal
Abstract Forthcoming.
Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava
Workplace Safety - The Prophylactic And Compensatory Rights Of The Employee., Gary A. Scarzafava
St. Mary's Law Journal
Abstract Forthcoming.
"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas
"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas
In the Public Interest
No abstract provided.
Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.
Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani
University of Miami Law Review
No abstract provided.
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner
University of Miami Law Review
The author discusses the legal status of the "refugee" under two decades of American and international law. After reviewing the implications of the United States accession to the 1967 Protocol Relating to the Status of Refugees, the Refugee Act of 1980, and current proposals for reform in the refugee/asylum area, he concludes that the Simpson-Mazzoli bill, with several major modifications, would be the most equitable approach to dealing with the present refugee and asylum problems.
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow
University of Miami Law Review
The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick
University of Miami Law Review
No abstract provided.
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
Immigration Law And The Illusion Of Numerical Control, John A. Scanlan
University of Miami Law Review
No abstract provided.
A Farewell To Arms - An Analysis Of Texas Handgun Control Law., Robert G. Newman
A Farewell To Arms - An Analysis Of Texas Handgun Control Law., Robert G. Newman
St. Mary's Law Journal
Abstract Forthcoming.
Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa
St. Mary's Law Journal
Abstract Forthcoming.
Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin
Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin
St. Mary's Law Journal
Abstract Forthcoming.
Common Problems In Conveying Oil And Gas Interests., Gloria L. Scott
Common Problems In Conveying Oil And Gas Interests., Gloria L. Scott
St. Mary's Law Journal
Abstract Forthcoming.
Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger
Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger
St. Mary's Law Journal
Abstract Forthcoming.
Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher
Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher
St. Mary's Law Journal
Abstract Forthcoming.