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Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson 2015 University of Georgia School of Law

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.


Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek 2015 Pace University School of Law

Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek

Pace International Law Review

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).

This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case ...


Förebered För Framtidens Klimatflyktingar Genom Att Fokusera På Nutidens Flyktingar Och Migranter, Matthew Scott 2015 Faculty of Law, Lund University

Förebered För Framtidens Klimatflyktingar Genom Att Fokusera På Nutidens Flyktingar Och Migranter, Matthew Scott

Matthew Scott

I presentationen diskuterar jag tre olika former av klimat relaterad migration och flykt och argumenterar för mer fokus på aktuella scenarier, befintliga rättsliga instrument och innovativa politiska lösningar. Om vi fokusera på dagens klimat relaterad migration och flykt, så kommer vi ätt vara bättre förberedda att agera till den förväntade ökningen utan att kompromissa Europas grundläggande principer med militariserade gränsvakter.


Rethinking Immigration’S Mandatory Detention Regime: Politics, Profi T, And The Meaning Of “Custody”, Philip L. Torrey 2015 Harvard Law School

Rethinking Immigration’S Mandatory Detention Regime: Politics, Profi T, And The Meaning Of “Custody”, Philip L. Torrey

University of Michigan Journal of Law Reform

Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher ...


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

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about ...


Racial Profi Ling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson 2015 University of California at Davis School of Law

Racial Profi Ling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson

University of Michigan Journal of Law Reform

In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an “aggravated felony” for purposes of removal, an important question under the U.S. immigration laws. In the removal proceedings, Adrian Moncrieffe, a black immigrant from Jamaica, did not challenge his arrest and drug conviction. Consequently, the Supreme Court did not review the facts surrounding, or the lawfulness of, the criminal prosecution. Nonetheless, the ...


Access To Justice For Asylum Seekers: Developing An Effective Model Of Holistic Asylum Representation, Sabrineh Ardalan 2015 Harvard Law School

Access To Justice For Asylum Seekers: Developing An Effective Model Of Holistic Asylum Representation, Sabrineh Ardalan

University of Michigan Journal of Law Reform

Abducted, beaten, and tortured by government forces that accused him of supporting an opposition group, Matthew fled to the United States with the help of his church pastor.1 The pastor lent Matthew money and helped him obtain a passport and a visa. The pastor also put Matthew in touch with an acquaintance in Boston, who gave him a place to stay for a short time and encouraged him to apply for asylum. The acquaintance sat down with Matthew and helped him fill out the asylum application form. He told Matthew to be as specific and detailed as possible since ...


The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish 2015 American Immigration Council

The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish

Mark L Noferi

In early 2013, U.S. Immigration and Customs Enforcement (“ICE”) deployed nationwide a new automated risk assessment tool to help determine whether to detain or release noncitizens pending their deportation proceedings. Adapted from similar evidence-based criminal justice reforms that have reduced pretrial detention, ICE’s initiative now represents the largest pre-hearing risk assessment experiment in U.S. history—potentially impacting over 400,000 individuals per year. However, to date little information has been released regarding the risk assessment algorithm, processes, and outcomes.

This article provides the first comprehensive examination of ICE’s risk assessment initiative, based on public access to ...


Warren County, Kentucky Court Records - Naturalization Papers (Sc 2924), Manuscripts & Folklife Archives 2015 Western Kentucky University

Warren County, Kentucky Court Records - Naturalization Papers (Sc 2924), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2924. Naturalization and citizenship documents for six individuals residing in Warren County, Kentucky. Some of the documents were issued in other jurisdictions and filed with the Warren Circuit Court.


The Impact Of Interior Immigration Enforcement On Mixed-Citizenship Families, Michael J. Sullivan, Roger Enriquez Sr. 2015 St Marys University

The Impact Of Interior Immigration Enforcement On Mixed-Citizenship Families, Michael J. Sullivan, Roger Enriquez Sr.

Roger Enriquez Sr.

In this article, we trace the expansion of interior immigration enforcement measures since the 1990s, focusing on the period after the creation of the U.S. Department of Homeland Security (DHS) in 2003. We consider the rationale for escalation of enforcement and its expansion to include local and state law enforcement agencies during this period. We will examine who benefits economically and politically, detailing the role of local jails, private corrections corporations, and the communities that are financially dependent on the prisons industry. Throughout, we consider how the expansion of immigration enforcement has affected U.S. citizen children and spouses ...


Navigating Legal Cultures: The Limits Of Self-Help For Immigrants At A Law Clinic In Norway, Ana Maria Vargas Falla 2015 Lund University

Navigating Legal Cultures: The Limits Of Self-Help For Immigrants At A Law Clinic In Norway, Ana Maria Vargas Falla

Ana Maria Vargas Falla

No abstract provided.


El Camino Hacia El Extranjero, Lupita M. Murillo 2015 California Polytechnic State University - San Luis Obispo

El Camino Hacia El Extranjero, Lupita M. Murillo

Modern Languages and Literatures

This project focuses on capturing the life of two Mexican individuals who later encountered in the United States. The intent of this senior project is to interview my mother and father to see through their eyes the life they had in Mexico, their motivation to cross the border, the difficulties of crossing the border and assimilating to the new culture. These interviews will be a basis for this novel so that the reader can see how the American Dream came with struggle and pain. Each chapter will close at a common point in both character’s life so that the ...


Diario De Perla Jimenez, Brenda Dorantes 2015 California Polytechnic State University - San Luis Obispo

Diario De Perla Jimenez, Brenda Dorantes

Modern Languages and Literatures

The aim of this project is to present the effect of the immigration issue in the United States, with a direct focus in San Luis Obispo, and including a spread of intercultural knowledge between the Hispanic and the Caucasian community. Through a fictional short story, the manifestation of these ideas will relate to current events occurring in our society today. These events focus primarily on immigration in California, deportation issues, socioeconomic issues in Mexico, and the cultural barrier seen in Mexican and American cultures; expressed through the main character: a young college student named Perla.

My primary goal in completing ...


The Indigenous As Alien, Leti Volpp 2015 UC Berkeley Law

The Indigenous As Alien, Leti Volpp

UC Irvine Law Review

No abstract provided.


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

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 ...


L’Immigrazione E Le Questioni Irrisolte: Gli Effetti Giuridici Sulla Condizione Degli Immigrati Nel Cinema Italiano, Ashton Elizabeth Fiucci 2015 Dickinson College

L’Immigrazione E Le Questioni Irrisolte: Gli Effetti Giuridici Sulla Condizione Degli Immigrati Nel Cinema Italiano, Ashton Elizabeth Fiucci

Honors Theses By Year

No abstract provided.


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 ...


Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler 2015 University of Miami Law School

Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler

University of Miami Race & Social Justice Law Review

No abstract provided.


The Status Of Nonstatus, Geoffrey Heeren 2015 Valparaiso University

The Status Of Nonstatus, Geoffrey Heeren

Law Faculty Publications

No abstract provided.


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 ...


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