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A Nation Going Under: Legal Protection For “Climate Change Refugees”, Xing-Yin Ni 2015 Boston College Law Review

A Nation Going Under: Legal Protection For “Climate Change Refugees”, Xing-Yin Ni

Boston College International and Comparative Law Review

Climate change-related disasters displace millions of people each year. Small island states in the Pacific have become emblematic of the problem because they are among the most impacted and the most vulnerable. Often portrayed by global media as drowning beneath the sea, these states are struggling for their very survival. Many of their residents are looking to move overseas, but face a lack of legal options to migrate. A test case in New Zealand from a Kiribati national claiming to be a “climate change refugee” highlights the difficulty of fitting climate-induced migrants into the Refugee Convention mold. To grant refuge ...


Perceptions Of Immigration In America, Manuel Cardoza 2015 Chapman University

Perceptions Of Immigration In America, Manuel Cardoza

Student Research Day Abstracts and Posters

Throughout history the United States as a nation saw many waves of immigrants who collectively shaped and helped build the America we see today. Today immigration has become a prevalent issue that is impeding progress and potentially facilitating the rise of new conflicts in a country plagued by civil injustices toward minority groups who are feeling marginalized and discriminated. Immigration desperately needs the attention of the U.S government in order to reach a solution and stop a community from being ostracized. Much of this great nation has been formed and built on the fundamental idea of immigrant forces coming ...


A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton 2015 Seattle University School of Law

A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton

Seattle University Law Review

Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting ...


Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández 2015 Touro College Jacob D. Fuchsberg Law Center

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confronting Cops In Immigration Court, Mary Holper 2015 College of William & Mary Law School

Confronting Cops In Immigration Court, Mary Holper

William & Mary Bill of Rights Journal

Part I of the Article outlines the police report problem by discussing the four situations in which police reports are used in immigration court, why police reports are unreliable, and the scope of the problem. Part II discusses criminal law’s treatment of police reports, focusing on the Confrontation Clause of the Sixth Amendment, which provides the constitutional justification for excluding police reports in criminal cases. Part III discusses the use of hearsay evidence in immigration cases, where hearsay is allowed due to the characterization of removal proceedings as civil, not criminal. While there has been a trend to reject ...


Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus 2015 College of William & Mary Law School

Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus

William & Mary Bill of Rights Journal

Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized person’s citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens’ First ...


Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg 2015 Touro College Jacob D. Fuchsberg Law Center

Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg

Touro Law Review

No abstract provided.


Newsroom: A New Voice For Access To Justice, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay 2015 University of San Diego School of Law

Abandoning The Status Quo: Towards Uniform Application Of Special Immigrant Juvenile Status, Gregory Catangay

Gregory Catangay

The accompanying Article identifies and analyzes the causes of unequal application of the Special Immigrant Juvenile Status (SIJS) program and argues for a federal takeover of the program. The Article highlights the current immigration crisis and the plight of unaccompanied minors seeking a better life in the United States. These minors may be eligible for permanent legal status in the United States through the SIJS program. Although SIJS is a federal remedy, variations in state law and interpretation of SIJS requirements exclude eligible minors.

In order to be eligible for the SIJS program, a state trial court must find that ...


Getting To Group Under U.S. Asylum Law, Jillian Blake 2015 Notre Dame Law School

Getting To Group Under U.S. Asylum Law, Jillian Blake

Notre Dame Law Review Online

In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are ...


Nexus Redux, Anjum Gupta 2015 Rutgers University - Newark

Nexus Redux, Anjum Gupta

Indiana Law Journal

Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some ...


Foia Response On Orders Of Supervision, Shoba Sivaprasad Wadhia 2015 Pennsylvania State University, Dickinson School of Law

Foia Response On Orders Of Supervision, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras 2015 Trinity College

Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras

Senior Theses and Projects

Deferred Action for Childhood Arrival (DACA) recipients represent a new and somewhat unexplored population within the undocumented immigrant community. Having only been introduced three years ago, they live within a state of liminality, legally present in the United States for the first time but with the understanding that it can be stripped from them without a moments warning. DACA is an executive order announced by Obama in 2012, which stated that certain DREAMers (young undocumented immigrants who had been brought to the United States by their parents at a young age) would receive temporary relief from deportation, a work permit ...


The Perfect Storm: An Analysis Of Discriminatory Policing In East Haven (Ct), Amanda G. Gurren 2015 Trinity College

The Perfect Storm: An Analysis Of Discriminatory Policing In East Haven (Ct), Amanda G. Gurren

Senior Theses and Projects

No abstract provided.


Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari 2015 Monash University

Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari

Azadeh Dastyari

No abstract provided.


Foia Response From Ice On Parole, Shoba Sivaprasad Wadhia 2015 Pennsylvania State University, Dickinson School of Law

Foia Response From Ice On Parole, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

In Fall 2014 I filed a Freedom of Information Act (FOIA) Request with ICE seeking policy documents and communications relating to parole. ICE provided me with a formal response dated May 22, 2015, 2013. I received 198 pages, many of which have been redacted. Below are some of the items contained in the FOIA Response: • ICE Lesson Plan: Alien Encounters- Detention and Removal Operations Training Division (January 2009) • ICE Lesson Plan: Alternate Orders of Removal- Detention and Removal Operations Training Division (December 2008) • ICE Powerpoint: Parole Policy Training –including o Parole Procedures o Worksheets o Denial Letters o Report Logs ...


Remedies For Detainees: The Impact Of The Ninth Circuit's Decision On Medical Negligence Cases, Arzoo Rajani 2015 University of Massachusetts School of Law

Remedies For Detainees: The Impact Of The Ninth Circuit's Decision On Medical Negligence Cases, Arzoo Rajani

University of Massachusetts Law Review

This comment examines the impact of the Ninth Circuit‘s holding in medical neglect cases and whether the Second Circuit made an error. To examine this issue, it must first be understood what the factual and legal background is concerning each case, the detainee‘s medical rights and the types of actions they can bring against government employees. After examining the law, the Second Circuit‘s holding is then compared with the Ninth Circuit‘s holding. Finally, this comment argues why the Supreme Court should affirm the Ninth Circuit‘s holding.


The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh 2015 University of Massachusetts School of Law

The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh

University of Massachusetts Law Review

This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United ...


A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless 2015 University of Miami School of Law

A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi 2015 University of Massachusetts School of Law

Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi

University of Massachusetts Law Review

Despite immigration law’s notorious complexity, public debate on immigration reform has historically ignored basic questions of why and how the current laws should be simplified. Instead, discussion has often focused on substantive proposals—most commonly regarding legalization and border enforcement—without reference to the impact of these proposals on the legal immigration structure. This article emphasizes that any durable immigration reform must take steps to free the immigration system from the intricacies that define it today. The article begins by overviewing the basic features of the modern global economy, their implications for immigration law, and why these implications compel ...


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