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Full-Text Articles in Law
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
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 has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
2017 Letter To Campus On Immigration, Academic Affairs
2017 Letter To Campus On Immigration, Academic Affairs
University Updates & Communications from the University President
No abstract provided.
Crimmigration-Counterterrorism, Margaret Hu
Crimmigration-Counterterrorism, Margaret Hu
Scholarly Articles
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …