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Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
San Diego Law Review
This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
San Diego Law Review
This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at …
Foreword, Alan K. Simpson
Foreword, Alan K. Simpson
San Diego Law Review
Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.
The International Entertainer Under United States Immigration Law, Charles C. Foster
The International Entertainer Under United States Immigration Law, Charles C. Foster
San Diego Law Review
This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
San Diego Law Review
This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
San Diego Law Review
This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
San Diego Law Review
This Article addresses the area of motions practice before the Board of Immigration Appeals, arguing that it is often a complex procedural maze for immigration attorneys. The author examines the intricacies of this procedure, focusing on motions to reopen, motion to reconsider, motions to remand, and motions for stays of deportation. He further examines the often contested issues of the prima facia case, particularly in the context of motions to reopen. In this discussion, the author, an appellate trial lawyer for the Immigration and Naturalization Service, stresses the practical aspects of motions practice in this area.
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
San Diego Law Review
This Article examines the United States Supreme Court's holding in INS v. Wang. The author argues that the decision severely limited judicial review of administrative decisions of suspension of deportation. She explores the factors considered by adjudicative bodies in ruling on extreme hardship and motions to reopen suspension proceedings, and examines the nature of the "extreme hardship" requirements in light of the holding in Wang. The author concludes that guidelines must be established which will aid in defining the term "extreme hardship" and establish a single evidentiary standard necessary to support this claim.
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
San Diego Law Review
This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
San Diego Law Review
This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …