“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, 2010 Georgetown University Law Center
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
It is a foundational principle of administrative law that a reviewing court should not dispose of a petition for review or appeal on grounds not relied upon by the agency, and should not reach issues in the first instance not addressed administratively. In such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to decide the disputed issues. The United States Supreme Court explicitly extended operation of the “ordinary remand rule” to the immigration context in its 2002 decision in INS v. Ventura. Notwithstanding subsequent …
Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, 2010 Georgetown University Law Center
Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, Andrew I. Schoenholtz, Philip G. Schrag, Jaya Ramji-Nogales, James P. Dombach
Georgetown Law Faculty Publications and Other Works
Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum – regardless of the merit of the underlying claim – for any applicant who fails to apply within one year of entering the United States, unless the applicant qualifies for one of two exceptions to the rule.
In the years since the bar was established, anecdotal reports have suggested that genuine refugees, with strong merits claims to asylum, have been rejected solely because of the deadline. Many scholars …
Immigrant Workers And The Thirteenth Amendment, 2009 University of San Francisco School of Law
Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros
Maria L. Ontiveros
This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, 2009 University of Miami School of Law
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …
Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, 2009 Widener Law
Conflicting Signals: Understanding Us Immigration Reform Through The Evolution Of Us Immigration Law, Jill Family
Jill E. Family
Becoming An Immigration Lawyer, 2009 Widener Law
Becoming An Immigration Lawyer, Jill Family
Jill E. Family
Pro Bono In Action: An Immigrant's Need For Representation, 2009 Widener Law
Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family
Jill E. Family
Systemic Failure: Mental Illness, Detention, And Deportation, 2009 University of San Francisco
Systemic Failure: Mental Illness, Detention, And Deportation, Bill Ong Hing
Bill Ong Hing
Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication, counseling, …
The Role Of Prosecutorial Discretion In Immigration Law, 2009 Penn State Law
The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …
Business As Usual Immigration And The National Security Exception, 2009 Penn State Law
Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia
Shoba Sivaprasad Wadhia
Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX …
Asian Americans And Immigration Reform, 2009 University of San Francisco
Asian Americans And Immigration Reform, Bill Ong Hing
Bill Ong Hing
Asian Americans have a lot to gain from progressive immigration reform. Today, our relatives abroad make up the bulk of those who are on a waiting list that can last almost two decades in some categories. Many young men and women from our communities face deportation even though they have grown up in the United States. Some are subjected to harsh Immigration and Customs Enforcement (ICE) raids and detention policies. Of the estimated twelve million undocumented immigrants in the country, demographers tell us that more than 10 percent are from Asian or Pacific countries. Many undocumented Asian Americans are college …
Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, 2009 Faculty of Law, Lund University
Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg
Markus Gunneflo
Welcoming Women: Recent Changes In U.S. Asylum Law, 2009 University of Michigan Law School
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Jillian Blake
No abstract provided.
The Rise And Fall Of Employer Sanctions, 2009 University of San Francisco
The Rise And Fall Of Employer Sanctions, David Bacon, Bill Ong Hing
Bill Ong Hing
Workplace Immigration and Customs Enforcement (ICE) raids by gun-wielding agents resulting in the mass arrests of dozens and sometimes hundreds of employees that were common under the George W. Bush administration appear to have ceased under the Obama administration. Legally questionable mass arrests in neighborhoods continue to occur in neighborhoods under the pretext of serving warrants on criminal aliens. However, disruptive, high-profile worksite raids appear to have subsided. Instead, the Obama administration has engaged in "silent raids" or audits of companies' records by federal agents that have resulted in the firing of thousands of undocumented workers. the administration defends these …