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Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous provisions ...


No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian 2015 University of Georgia School of Law

No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian

Georgia Journal of International & Comparative Law

No abstract provided.


Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf 2015 University of Nevada-Las Vegas

Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf

Fatma E Marouf

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious ...


Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes 2015 University of Baltimore School of Law

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and ...


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley 2015 Keimyung University

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

Paul Hanley

Despite Japan’s recent adoption of the the Hague Convention on the Civil Aspects of International Parental Abduction, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial oversight or guidance. Further complicating matters, when a marriage ends in Japan, joint-custodial rights usually end, with only one parent getting physical custody of ...


"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia 2015 SelectedWorks

"Should I Stay Or Should I Go Now": Analyzing The Federal Prosecution Of Aliens Who Attempt To Stop Living Unlawfully In The United States, Sergio Garcia

Sergio Garcia

Abstract: Title 8 U.S.C. § 1326(a) makes it a crime for a previously deported alien to be “found in” the United States without the Attorney General’s consent. There is, however, a conflict among the circuits over whether an illegal alien is “found in” the United States for purposes of § 1326 when he voluntarily travels to a port of entry and is detained there by immigration authorities while he is seeking to leave the country. The circuit courts bordering Mexico and Canada disagree on this issue as a matter of law, as well as a matter of Congressional ...


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.


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