Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration (10)
- Padilla (8)
- Deportation (6)
- Cirminal Defense (4)
- Indigent Defense (4)
-
- Public Defender (4)
- Collateral Consequences (3)
- Criminal Defense (3)
- Citizenship (2)
- ABA (1)
- Access to courts (1)
- Asylum (1)
- Asylum Law (1)
- Asylum law (1)
- Asylum; gang violence; Board of Immigration Appeals; gang recruitment (1)
- BIA (1)
- Border crossing (1)
- Community (1)
- Criminalization (1)
- Due process (1)
- Employment (1)
- Exclusionary rule (1)
- Fourteenth amendment (1)
- Gay (1)
- Hire (1)
- INS (1)
- Immigrant (1)
- Immigrant Juvenile Status; In re Erick M.; In re Marcelina M.-G.; One-Parent SIJS; Unaccompanied immigrant minor; Special Immigrant Juvenile Status (1)
- Immigration Law (1)
- Immigration and Nationality Act (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz
Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz
Fordham Urban Law Journal
No abstract provided.
Defending One-Parent Sijs, Rodrigo Bacus
Defending One-Parent Sijs, Rodrigo Bacus
Fordham Urban Law Journal
No abstract provided.
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers
Fordham Urban Law Journal
No abstract provided.
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman
Fordham Urban Law Journal
No abstract provided.
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez
Fordham Urban Law Journal
No abstract provided.
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Fordham Urban Law Journal
No abstract provided.
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Fordham Urban Law Journal
No abstract provided.
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
Fordham Urban Law Journal
No abstract provided.
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
Fordham Urban Law Journal
No abstract provided.
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Fordham Urban Law Journal
The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …
Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman
Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman
Fordham Urban Law Journal
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
Reflections On Professor Romero’S Insight On The Decriminalization Of Border Crossings, Won Kidane
Reflections On Professor Romero’S Insight On The Decriminalization Of Border Crossings, Won Kidane
Fordham Urban Law Journal
Professor Romero proposes that unauthorized border crossings must be decriminalized. He advances several notable reasons why such a measure is warranted. Kidane offers his own reflections in the following three parts. Part I puts the doctrinal dilemma between criminalization and decriminalization in perspective. Part II evaluates Professor Romero’s argument in favor of decriminalization. And the Conclusion offers final thoughts.
Formalizing Local Citizenship, Peter J. Spiro
Formalizing Local Citizenship, Peter J. Spiro
Fordham Urban Law Journal
This essay highlights recent state and local policies relating to immigrants and the respects in which they reflect the community membership of those who do not have national citizenship, and makes a case for bundling measures premised on alien membership through the institutional challenge of citizenship. The article also explores the modalities of a formalized local citizenship.
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
"Sanctuary Cities" And Local Citizenship, Rose Cuison Villazor
Fordham Urban Law Journal
This article explores the ways in which sanctuary laws illustrate the tensions between national and local citizenship, and specifically examines the ways in which "sanctuary cities" have constructed membership for undocumented immigrants located within their jurisdictions.
"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
Fordham Urban Law Journal
This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Fordham Urban Law Journal
This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
"One Manner Of Law": The Supreme Court, Stare Decisis And The Immigration Law Plenary Power Doctrine, Anne E. Pettit
Fordham Urban Law Journal
This note examines the extreme deference the Court gives to Congress in the realm of immigration legislation. The author argues that, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court's analysis of stare decisis, precedent and the rule of law provides a strikingly effective paradigm through which to view the history of Supreme Court immigration rulings. Viewed through the Court's own analysis of its power to make and revise precedent decisions, the immigration plenary power doctrine's jurisprudential shortcomings become more evident and the arguments to overturn the doctrine become more powerful. This Note concludes that no principled constitutional …
The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell
The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell
Fordham Urban Law Journal
Undocumented aliens who seek to enforce their rights against their employer in state court will often face deportation. An undocumented alien is vulnerable to discriminatory treatment in the workplace, and abusive employment practices, which may often incentivize employers to hire undocumented aliens. This Note exams the legal issues surrounding the employment of undocumented aliens. In particular, the validity of state regulation is examined in light of the rights guaranteed to undocumented aliens under the fourteenth amendment to the United States Constitution, granting due process. The author argues that state welfare benefits should not be denied to undocumented aliens, nor should …
Immigration Law- Exclusionary Rule- If The Exclusionary Rule Question Is Reached, The Civil Nature Of A Deportation Proceeding May Preclude Its Application, Diane M. Peress
Fordham Urban Law Journal
This Case Note addresses questions concerning the exclusionary rule in deportation proceedings. Examining the Ninth Circuit's analysis in Cuevas- Ortega v. Immigration and Naturalization Service, this case note admits that though the exclusionary rule is a judicially created remedy it may still be required in deportation proceedings.