University of the District of Columbia David A Clarke School of Law
Seattle University School of Law
St Mary's University
Georgetown University Law Center
University of Pennsylvania Carey Law School
Cleveland-Marshall College of Law, Cleveland State University
University of Pennsylvania
Lewis and Clark Law School
Allard School of Law at the University of British Columbia
University of Michigan Law School
The Immigration Shadow Docket,
2023
Northwestern Pritzker School of Law
The Immigration Shadow Docket, Faiza W. Sayed
Northwestern University Law Review
Each year, the Board of Immigration Appeals (BIA)—the Justice Department’s appellate immigration agency that reviews decisions of immigration judges and decides the fate of thousands of noncitizens—issues about thirty published, precedential decisions. At present, these are the only decisions out of approximately 30,000 each year, that are readily available to the public and provide detailed reasoning for their conclusions. This is because most of the BIA’s decision-making happens on what this Article terms the “immigration shadow docket”—the tens of thousands of other decisions the BIA issues each year that are unpublished and nonprecedential. These shadow docket decisions are generally authored …
Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act,
2023
University of Cincinnati College of Law
Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle
Immigration and Human Rights Law Review
Abstract
The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …
Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal,
2023
Osgoode Hall Law School of York University
Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag
All Papers
This article examines decision‐making in Federal Court of Canada immigration law applications for stays of removal, focusing on how the rates at which stays are granted depend on which judge decides the case. The article deploys a form of computational natural language processing, using a large‐language model machine learning process (GPT‐3) to extract data from online Federal Court dockets. The article reviews patterns in outcomes in thousands of stay of removal applications identified through this process and reveals a wide range in stay grant rates across many judges. The article argues that the Federal Court should take measures to encourage …
Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants,
2023
SchroederLaw
Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder
West Virginia Law Review
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However, since Boumediene v. Bush was decided in 2008, there are several reasons not to despair Zadvydas’s demise
.
For one, Zadvydas spoke to an extremely narrow subset of cases. It granted a concession under the Due Process Clause to immigrants detained beyond the statutory 90-day removal period. It …
The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors,
2023
Survived & Punished NY
The Domestic Violence Survivors Justice Act And Criminalized Immigrant Survivors, Assia Serrano, Nathan Yaffe
City University of New York Law Review
This piece explores how New York’s Domestic Violence Survivors Justice Act (“DVSJA”), a law meant to grant freedom to criminalized survivors, plays out in practice for criminalized immigrant survivors. New York enacted the DVSJA to address the unjust, but common, harsh punishment of survivors for conduct that an abuser compels, coerces, or otherwise causes. When the court grants a survivor DVSJA relief, the material benefit is shortening that survivor’s sentence of incarceration.
However, for criminalized immigrant survivors, the DVSJA’s promise of freedom may amount to little more than a mirage because DVSJA relief does not expunge, vacate, or alter underlying …
The Language Of Record: Finding And Remedying Prejudicial Violations Of Limited English Proficient Individuals’ Due Process Rights In Immigration Proceedings,
2023
University of Connecticut
The Language Of Record: Finding And Remedying Prejudicial Violations Of Limited English Proficient Individuals’ Due Process Rights In Immigration Proceedings, Anna C. Everett
Connecticut Law Review
In immigration court proceedings, court interpreters interpret only those statements made directly to and by the limited English proficient (“LEP”) party. Thus, LEP individuals can only understand what is being spoken to them, not what is being asserted about them. In asylum interviews, applicants must provide their own interpreter, and failure to do so may result in an applicant-caused delay and, ultimately, a denial of work authorization. In immigration proceedings, the LEP party’s livelihood, family unity, and freedom from persecution and death are at stake. The message that the U.S. legal system makes clear is that it does not value …
Canadian “Dreamers”: Access To Postsecondary Education,
2023
North Star Immigration
Canadian “Dreamers”: Access To Postsecondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez
All Papers
Youth with precarious legal status (PLS) in Canada are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for postsecondary education are highly constrained. This article sets out an argument for expanding postsecondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program”. The article considers possible legal impediments to the establishment of such programs, including offenses under Canadian immigration legislation, and argues that charges against postsecondary institutions or …
Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation,
2022
University of San Francisco
Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia
Master's Theses
Though Central American asylum seekers are presently hypervisible in the U.S. consciousness, this population continues to be inadequately understood or cared for. Discussion of this population often presents them as a helpless and damaged population, in need of saving, fixing, or shelter -- beyond their trauma, they cease to exist. This qualitative study utilizes first-person testimonio methodology to understand the psychological experiences of Central American migrants seeking asylum in the United States, the stressors they face, and the mental health support that can and should be provided to them. Their stories speak to a space of sociopolitical precarity in the …
Case Summary: Soto-Soto V. Garland: Ninth Circuit Rules Bia Applied The Wrong Standard Of Review And Erred In Denying A Victim Of Torture Deferral Of Removal Under The Convention Against Torture,
2022
Golden Gate University School of Law
Case Summary: Soto-Soto V. Garland: Ninth Circuit Rules Bia Applied The Wrong Standard Of Review And Erred In Denying A Victim Of Torture Deferral Of Removal Under The Convention Against Torture, Vanessa Lee
Golden Gate University Law Review
The Ninth Circuit granted a petition for review of the Board of Immigration Appeals decision to deny a deferral of removal under the Convention Against Torture. The Board held that the Immigration Judge’s findings granting Delfina Soto-Soto relief under the convention were clearly erroneous. The Board reasoned that the judge failed to acknowledge certain facts that indicate Soto-Soto is not likely to suffer torture if sent back to her country, Mexico. On appeal, Soto-Soto argues that the Board did not apply the correct standard of review. Instead of reviewing the judge’s finding under the clear-error standard, Soto-Soto contends that the …
J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children,
2022
Golden Gate University School of Law
J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer
Golden Gate University Law Review
The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings,
2022
Brooklyn Law School
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear,
2022
Brooklyn Law School
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
Brooklyn Law Review
A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …
Answering The Call,
2022
DePaul University
Answering The Call
DePaul Magazine
With a strong spirit of service, DePaul initiatives aid displaced populations in Chicago and internationally.
Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits,
2022
American University, Washington College of Law
Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya
Refugee Law & Migration Studies Brief
No abstract provided.
The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011,
2022
American University, Washington College of Law
The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell
Refugee Law & Migration Studies Brief
No abstract provided.
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?,
2022
American University Washington College of Law
The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan
Refugee Law & Migration Studies Brief
No abstract provided.
Local Human Rights Governance To Advance Migrants' Rights,
2022
American University Washington College of Law
Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Letter From The Editor,
2022
American University, Washington College of Law
Letter From The Editor, Isabella Zink
Refugee Law & Migration Studies Brief
No abstract provided.
Campos Seguros In Santa Cruz County,
2022
California State University, Monterey Bay
Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor
Capstone Projects and Master's Theses
Monarch Services is a non-profit organization within Santa Cruz county. The agency provides services for domestic violence, sexual assault, and human trafficking. Campos Seguros focuses on providing resources and advocacy to vulnerable populations, specifically Campesinos (farmworkers). Violence and abuse perpetrated against farm workers is an issue that demands more public attention and advocacy. Campesinos are highly vulnerable because of different contributing factors, these include immigration status, work uncertainty, and language barriers. Consequences include trauma, lack of reporting, and vulnerability to labor trafficking. Sexual abuse is highly prevalent within the agricultural realm; many employers can take advantage of Campesino’s vulnerable position. …
Transformative Immigration Lawyering,
2022
American University Washington College of Law
Transformative Immigration Lawyering, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Movement actors have long sought expansive reforms in U.S. immigration law, but two deep-seated tendencies are obstructing those efforts: incrementalism and path dependence. This Essay recommends that law clinics counter these forces by setting ambitious goals for structural change and by equipping students with knowledge and skills needed for transformative lawyering.
