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Full-Text Articles in Immigration Law
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 …
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 …
Deportation Of Aliens For Criminal Convictions, David F. Aberson
Deportation Of Aliens For Criminal Convictions, David F. Aberson
Pepperdine Law Review
No abstract provided.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
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