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Immigration Law Commons

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Articles 1 - 8 of 8

Full-Text Articles in Immigration Law

Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm Oct 2010

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 …


Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo Sep 2010

Immigration Law - Butros V. Ins: The Folly Of Finality As An Absolute Bar To Seeking §212(C) Relief From Deportation, Mark Figueiredo

Golden Gate University Law Review

No abstract provided.


Immigration Law - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv Sep 2010

Immigration Law - Price V. Ins: Requiring Resident Alien Seeking Citizenship To List All Memberships And Affiliations Does Not Violate First Amendment, Stuyvesant Wainwright Iv

Golden Gate University Law Review

No abstract provided.


Immigration Law - El Rescate Legal Services V. Eoir: Immigration And Naturalization Service Not Required To Provide Full Translation Of Immigration Proceedings For Non-English Speaking Aliens, Helen J. Beardsley Sep 2010

Immigration Law - El Rescate Legal Services V. Eoir: Immigration And Naturalization Service Not Required To Provide Full Translation Of Immigration Proceedings For Non-English Speaking Aliens, Helen J. Beardsley

Golden Gate University Law Review

No abstract provided.


Immigration Law, Terry Helbush Sep 2010

Immigration Law, Terry Helbush

Golden Gate University Law Review

No abstract provided.


Immigration Law, Alex Schmid Aug 2010

Immigration Law, Alex Schmid

Golden Gate University Law Review

No abstract provided.


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon May 2010

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.


Citizenship, In The Immigration Context, Matthew J. Lister Jan 2010

Citizenship, In The Immigration Context, Matthew J. Lister

All Faculty Scholarship

Many international law scholars have begun to argue that the modern world is experiencing a “decline of citizenship,” and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a “civic” notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the …