Immigration Law Commons^™

Understanding Bobadilla V. Holder: A Pragmatic Approach To Analyzing Crimes Involving Moral Turpitude For Eighth Circuit Attorneys, Jocelyn E. Bremer

Hamline Law Review

abstract

May It Please The Court, Jeri Zeder

Kari E. Hong

In a real federal appeals court,in real time, four students endure judges’ withering questions but introduce novel concepts and argue masterfully on behalf of their immigrant clients.

Feature on the Ninth Circuit Appellate Project in Boston College Law School Magazine

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in ...

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

Faculty Scholarship

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers ...

Who Is Patrolling The Border Of Ethical Conduct?: The Convergence Of Federal Immigration Attorneys, Benefit Fraud, And Model Rule 4.2, Erin E. Barrett

William & Mary Law Review

No abstract provided.

Transnational Citizenship: Critique And Proposals For A New Citizenship Approach, Goncalo Matias

Goncalo Matias

There is a growing tendency towards the devaluation of the concept of citizenship. It was perceived for many years as a key instrument of internal sovereignty. Once States become transparent as a consequence of globalization and global governance, internal instruments of sovereignty become less powerful.

This is particularly evident in the tendency which may be identified in both scholarly works and in State practice towards extending broader legal rights to non-citizens.

Scholars have developed several theories on the changing phenomena of citizenship. Some have declared the devaluation of citizenship, others have recognized the pulverization of its elements and others propose ...

Criminal Court, New York County, People V. Dejesus, Justin Goldberg

Touro Law Review

No abstract provided.

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.

Does The Legal Standard Matter? Empirical Answers To Justice Kennedy’S Questions In Nken V. Holder, Christopher J. Walker

Christopher J. Walker

In response to Fatma Marouf, Michael Kagan & Rebecca Gill, Justice on the Fly: The Danger of Errant Deportations, 75 Ohio St. L.J. 337 (2014).

In Justice on the Fly: The Danger of Errant Deportations, Professors Fatma Marouf, Michael Kagan, and Rebecca Gill take on the ambitious task of answering the empirical questions posed by Justice Kennedy and others in Nken v. Holder with respect to the proper legal standard for judicial stays of removal in the immigration adjudication context. To answer these questions, the authors review, code, and analyze 1,646 cases in all circuits that hear immigration appeals ...

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described ...

Collateral Damage: Drug Enforcement & Its Impact On The Deportation Of Legal Permanent Residents, Wilber A. Barillas

Boston College Journal of Law & Social Justice

The United States’ legislation and jurisprudence regulating the deportation of legal permanent residents is harsh by many standards. The harshness of the legal regime is particularly acute as it relates to minor drug crimes. Under current U.S. law, possession of a single pill of Xanax leads to mandatory detention and can even lead to deportation. This Note explores the impact that the United States’ drug policy has had on deportation law, the current legislative regime surrounding drug-based deportations, the changing landscape of drug enforcement, and the lack of meaningful protection that current legislation and jurisprudence affords permanent residents facing ...

History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal

University of Massachusetts Law Review

Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that ...

Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul

University of Massachusetts Law Review

This Article discusses the effect of the Hoffman Plastic Compounds decision on backpay as a remedy for illegal immigrants who sue their employers for lost wages. When Congress passed the Immigration Reform and Control Act of 1986 (“IRCA”), it believed it struck at the heart of illegal immigration: the search for employment in the United States. However, the IRCA did not accomplish its stated purpose. In 2002, the Supreme Court ruled that lost wages and backpay were not available as remedies to an employee who obtained a job through IRCA violation and later tried to sue his/her employer. The ...

Back To Blood: The Sociopolitics And Law Of Compulsory Dna Testing Of Refugees, Edward S. Dove

University of Massachusetts Law Review

Since October 2012, certain family members of refugees seeking reunification through the United States Refugee Admissions Priority Three program must undergo DNA testing to prove they are genetically related. The putative purposes of the policy include fraud prevention, enhanced national security, and greater efficiency in refugee claims processing. Upon close inspection, however, the new policy generates significant sociopolitical and legal concerns. The notion of what constitutes a family is significantly narrowed. Required DNA testing may violate domestic laws and international human rights instruments regarding voluntary informed consent, privacy, and anti-discrimination. Traditional legal solutions insufficiently remedy these concerns and cannot prevent ...

Migrant Labor In The Arabian Gulf, Sara Hamza

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

The Exhibition of Undergraduate Research and Creative Achievement (EURēCA) is an annual event that showcases research and creative activities by currently enrolled undergraduate students in collaboration with a University of Tennessee, Knoxville faculty mentor.

Branded To Drive: Obstacle Preemption Of North Carolina Driver’S Licenses For Daca Grantees, Tung Sing Wong

Hamline Law Review

abstract

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights ...

A Family Tradition: Giving Meaning To Family Unity And Decreasing Illegal Immigration Through Anthropology, Micah Bennett

Indiana Law Journal

My Note explores the family-preference provisions of the Immigration and Nationality Act and argues that they are far too limited, especially in light of the “family unity” policy that underscores the law. Using Mexico as a model, the Note relies on the discipline of anthropology to explain that family inherently drives immigration, and it refers to an allegory from a Mexican immigrant to demonstrate how the INA is ineffective. It then argues that immigration law could learn from anthropology—both its scholarship and its disciplinary ideals—to craft a more effective and better informed immigration law, which would further the ...

The Difference Prevention Makes: Regulating Preventive Justice, David Cole

Georgetown Law Faculty Publications and Other Works

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a ‘‘paradigm of prevention,’’ employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pre textual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and ...

The Long Journey Home: Ceuellar De Osorio V. Mayorkas And The Importance Of Meaningful Judicial Review In Protecting Immigrant Rights, Kaitlin J. Brown

Boston College Journal of Law & Social Justice

In Cuellar de Osorio v. Mayorkas, the U.S. Court of Appeals for the Ninth Circuit extended the Child Status Protection Act’s (“CSPA”) protections to all children who age out during the extended process of obtaining a visa as a child derivative beneficiary. In so holding, the court overturned a precedential decision by the Board of Immigration Appeals (“BIA”). In its review of the BIA’s decision, the Ninth Circuit applied the two-step test from Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the seminal case in administrative law for review of executive agency action. The ...