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State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan 2018 Golden Gate University School of Law

State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan

Golden Gate University Law Review

The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.


The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil 2018 Golden Gate University School of Law

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note ...


Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli 2018 UCLA

Protecting Children? Assessing The Treatment Of Unaccompanied Minors In The U.S., Chiara Galli

Latino Public Policy

In the summer of 2014, unprecedented numbers of unaccompanied minors fleeing violence in El Salvador, Guatemala and Honduras arrived in the U.S. seeking refuge. Current U.S. immigration law affords certain legal protections to children who migrate alone from non-contiguous countries, allowing them to be initially admitted to the U.S. To avoid deportation and remain in the country long-term, however, they must successfully apply for humanitarian relief from deportation. This interview-based study traces these children’s experiences navigating this legal process and interacting with different branches of the US immigration bureaucracy.


Lawful Permanent Residency: What The United States Citizenship & Immigration Services Giveth, It Can Also Take Away, Rebecca Hayes 2018 Boston College Law School

Lawful Permanent Residency: What The United States Citizenship & Immigration Services Giveth, It Can Also Take Away, Rebecca Hayes

Boston College Law Review

Millions of foreigners strive to become Lawful Permanent Residents of the United States, but that status is limited to those immigrants who meet certain requirements and comply with extensive procedures. There is ample U.S. case law interpreting what it means to be “lawfully admitted for permanent residence.” Until the Sixth Circuit’s decision in 2017 in Kamal Turfah v. United States Citizenship & Immigration Services, however, no circuit court had found that a solely procedural error committed by U.S. immigration authorities could prevent an otherwise eligible immigrant from receiving lawful admission for Lawful Permanent Residency. This Comment assesses the ...


Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer 2018 CUNY City College

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events ...


Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan 2018 University of Richmond

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U ...


2017 Symposium Keynote Address, Shahan Mufti 2018 University of Richmond

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Sanctuaries And Legitimacy In An Era Of Mass Immigration Enforcement, Jason Cade 2018 University of Georgia School of Law

2017 Symposium Lecture: Sanctuaries And Legitimacy In An Era Of Mass Immigration Enforcement, Jason Cade

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa 2018 University of Richmond

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz 2018 University of Richmond

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy 2018 University of Richmond

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro 2018 University of Richmond

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.


The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro 2018 University of Richmond

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence ...


The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan 2018 University of Richmond

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma 2018 Pepperdine University

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Who Gets In? The Price Of Acceptance In Canada, Chavon A. Niles 2018 University of Toronto

Who Gets In? The Price Of Acceptance In Canada, Chavon A. Niles

Journal of Critical Thought and Praxis

The Canadian nation state is often applauded for its open and welcoming attitude towards Others. The Prime Minister of Canada has openly stated that “Diversity is our strength.” However, who gets in suggests who and what Canada values. Through the stories of Jazmine, Nico and Harold shared by Global News, I will illustrate how Canada continues to discriminate against people with disabilities. Using critical disability studies and critical race theory, I explore the assumptions the “excessive demand,” point system, and medical exam make in labelling and disregarding disabled applicants who are read as undesirable and unworthy. Finally, I reflect on ...


Rendition In Extraordinary Times, Margaret L. Satterthwaite, Alexandra M. Zetes 2018 NYU School of Law

Rendition In Extraordinary Times, Margaret L. Satterthwaite, Alexandra M. Zetes

New York University Public Law and Legal Theory Working Papers

The practice of rendition—the involuntary transfer of an individual across borders without recourse to extradition or deportation proceedings—is not new. Indeed, the practice of snatching a defendant for trial—“rendition to justice”—has been used by governments for more than a century. Although rendition has been controversial in human rights circles, it has been celebrated by many as crucial in the fight against impunity for grave crimes. Former U.S. President George W. Bush was criticized for the “novel” practice of “extraordinary rendition”—the transfer of suspects to locations known for the systematic use of torture, including secret ...


Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman 2018 William & Mary Law School

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Appellate Briefs

No abstract provided.


Foreign Born Latina Earnings And Returns To Education And Experience In The United States, Trevor Mattos 2018 University of Massachusetts Boston

Foreign Born Latina Earnings And Returns To Education And Experience In The United States, Trevor Mattos

Gastón Institute Publications

The determinants of immigrant earnings have long been a heavily researched topic, beginning with the contributions of Chiswick (1978) and Borjas (1985). The majority of this work focuses on male immigrants. Prior findings provide conflicting results with respect to determinants of native and foreign-born earnings in the U.S. This study, however, focuses on the earnings levels and differential returns to education and experience between native and foreign-born Latina workers in the U.S. using pooled American Community Survey microdata from 2014, 2015, and 2016. The analytical approach borrows from Chiswick’s 1978 paper that utilized cross-sectional regression methods and ...


Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies 2018 Roger Williams University School of Law

Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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