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Immigrant Victims, Immigrant Accusers, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Immigrant Victims, Immigrant Accusers, Michael Kagan

Scholarly Works

The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third ...


Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan

Scholarly Works

Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they ...


Confronting Cops In Immigration Court, Mary Holper 2015 Boston College Law School

Confronting Cops In Immigration Court, Mary Holper

Mary Holper

Immigration judges routinely use police reports to make life-altering decisions in noncitizens’ lives. The word of the police officer prevents a detainee from being released on bond, leads to negative discretionary decisions in relief from removal, and can prove that a past crime fits within a ground of removability. Yet the police officers who write these reports rarely step foot in immigration court; immigration judges rely on the hearsay document to make such critical decisions. This practice is especially troubling when the same police reports cannot be used against the noncitizen in a criminal case without the officer testifying, due ...


Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player 2014 University of Georgia School of Law

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.


The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck 2014 University of Georgia School of Law

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter 2014 University of Georgia School of Law

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek

Touro Law Review

No abstract provided.


Soviet Immigration To The West Bank: Is It Legal?, John Quigley 2014 University of Georgia School of Law

Soviet Immigration To The West Bank: Is It Legal?, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn 2014 University of Georgia School of Law

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides 2014 University of Georgia School of Law

Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides

Georgia Journal of International & Comparative Law

No abstract provided.


The Buck Stops Here: Fundamental Rights Infringements Can No Longer Be Ignored When Transferring Asylum Seekers Under Dublin Ii, Xing-Yin Ni 2014 Boston College Law School

The Buck Stops Here: Fundamental Rights Infringements Can No Longer Be Ignored When Transferring Asylum Seekers Under Dublin Ii, Xing-Yin Ni

Boston College International and Comparative Law Review

Many asylum seekers entering the European Union (EU) cross more than one Member State border before lodging their asylum claims. In response, the EU adopted Dublin II to designate the point of first entry, rather than the point of application, as the State responsible for examining the claim. Unfortunately, this allocation of examination responsibilities overburdens States on the frontline of entry, such as Greece, and has exacerbated the systemic deficiencies in these states’ asylum systems. The Court of Justice of the European Union’s decision in the Joined Cases C-411/10 & C-493/10 helped clarify that a receiving state cannot ...


And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson 2014 University of Georgia School of Law

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran 2014 University of Georgia School of Law

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.


Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney 2014 University of Georgia School of Law

Does The European Convention On Human Rights Protect Refugees From "Safe" Countries?, Kathleen M. Whitney

Georgia Journal of International & Comparative Law

No abstract provided.


Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver 2014 University of Georgia School of Law

Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver

Georgia Journal of International & Comparative Law

No abstract provided.


The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner 2014 University of Georgia School of Law

The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier 2014 University of Georgia School of Law

The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier

Georgia Journal of International & Comparative Law

No abstract provided.


Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor 2014 Boston College Law School

Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor

Kari E. Hong

The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra ...


Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor 2014 Boston College Law School

Famigration (Fam Imm): The Next Frontier In Immigration Law, Kari E. Hong Professor

Boston College Law School Faculty Papers

The recently published article, Immigration’s Family Values by Professor Kerry Abrams and R. Kent Piacenti, and the forthcoming Removing Citizens: Parenthood, Citizenship, and Immigration Courts by Kari Hong examine how, when, and why immigration law uses a different definition of family than the one used in state courts. Despite their differences, in conversation, these two pieces highlight how the Department of Homeland Security likely is either following misguided policies or pursuing improper objectives when creating a federal family law. Crimmigration (Crim Imm) scholarship successfully identified the ways in which the (purported) civil proceedings of immigration law needed the extra ...


Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir 2014 Syracuse University

Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir

Isaac Kfir

The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis ...


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