Immigration Law Commons^™

Deportation Of Aliens For Criminal Convictions, David F. Aberson

Pepperdine Law Review

No abstract provided.

Crossing The Final Border: Securing Equal Gender Protection In Immigration Cases, Michelle L. Sudano

William & Mary Bill of Rights Journal

No abstract provided.

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Enforcement Redundancy And The Future Of Immigration Law, Adam B. Cox

New York University Public Law and Legal Theory Working Papers

It is commonplace for states to help enforce federal law. Indeed, "enforcement redundancy" is a widespread and typically unremarkable aspect of American federalism. Local police regularly arrest people for violating federal criminal law; states criminalize wide swaths of conduct, like dealing drugs, that are also federal offenses; and states often attach civil penalties to conduct, such as workplace discrimination, already proscribed by federal law. Nevertheless, in United States v. Arizona — the most significant immigration federalism case in decades — the Supreme Court vitiated Arizona’s efforts at redundant enforcement.

This Article explores why the Arizona Court rejected redundant enforcement and what ...

Attempting To Find Some Common Ground For Illegal Aliens, And The Board's Ability To Award Back Pay: Hoffman Plastic Compounds, Inc. V. Nlrb , Stephen M. Hernandez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel Zoghlin

Articles in Law Reviews & Journals

No abstract provided.

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Crisis On The Immigration Bench: An Ethical Perspective, Michele Benedetto

Journal of the National Association of Administrative Law Judiciary

The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics. Because the term judicial ethics encompasses a broad array of principles, the article narrows its focus to bias and incompetence on the part of immigration judges in the courtroom. Immigration judges operate as a unique judiciary under the Executive Branch of government. An examination of the modern immigration court system, including inadequate disciplinary procedures for immigration judges, reveals that ...

"Good Moral Character" As A Licensing Standard, Larry Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The States Of Immigration, Rick Su

William and Mary Law Review

Immigration is a national issue and a federal responsibility. So why are states so actively involved? Their legal authority over immigration is questionable. Their institutional capacity to regulate it is limited. Even the legal actions that states take sometimes seem pointless from a regulatory perspective. Why do they enact legislation that essentially copies existing federal law? Why do they pursue regulations that courts are likely to enjoin or strike down? Why do they give so little priority to the immigration laws that do survive?

This Article sheds light on this seemingly irrational behavior. It argues that state laws are being ...

Taking The Nation Out Of Alienation: Dandamudi V. Tisch Affirms That Nonimmigrant Aliens Are Entitled To Suspect Class Protection, Joshua Neifeld

Boston College Law Review

On July 10, 2012, in Dandamudi v. Tisch, the U.S. Court of Appeals for the Second Circuit struck down New York Education Law section 6805(1)(6), reasoning that it violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The law explicitly denied legal, nonimmigrant aliens the ability to apply for a license to practice as a pharmacist in New York. The Second Circuit’s decision diverged from those of other circuits that have held similar laws targeting nonimmigrant aliens to be constitutional. This Comment argues that the Second Circuit’s decision in Dandamudi ...

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Deportation And The War On Independence , Stephen H. Legomsky

Journal of the National Association of Administrative Law Judiciary

Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders ...

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Refugee Roulette In An Administrative Law Context: The Deja Vu Of Decisional Disparities In Agency Adjudication, Margaret H. Taylor

Journal of the National Association of Administrative Law Judiciary

In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at the asylum office interview, in immigration court, on administrative appeal to the Board of Immigration Appeals (BIA), and on petition for review to the federal courts of appeals. At each level, the Asylum Study generates empirical findings to support what we knew mostly by anecdote ...

Kiyutin: Protecting The Human Rights Of Persons Living With Hiv/Aids Beyond Immigration, Sarah Levitan

Boston College International and Comparative Law Review

People living with HIV/AIDS face many difficulties. After the European Court of Human Rights’ decision in Kiyutin v. Russia, these difficulties may be fewer. Viktor Kiyutin brought his case before the court after Russia denied him a residence permit because he was HIV-positive. Although very few countries still have travel restrictions or immigration bans discriminating against people with HIV/AIDS, the court’s holding sets an important precedent. In making its decision on the basis of the anti-discrimination provision of Article 14 of the European Convention on Human Rights, the court has now brought health status within the protection ...

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.