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Articles 151 - 164 of 164
Full-Text Articles in Law
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
Recent Developments In Immigration Law 1976, Mitchell D. Gravo
San Diego Law Review
This Article will discuss significant recent developments in immigration law. Important immigration legislation of the 94th Congress, regulations under the Immigration and Nationality Act since their yearly revision, and immigration decisions by the nation's courts within the past year will be noted and analyzed. The scope of this synopsis makes detailed analysis of each development impossible. However, interrelated developments will be discussed together and significant trends will be briefly explained.
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
Suspension Of Deportation: Illusory Relief, Sylvia G. Cole
San Diego Law Review
Although suspension of deportation was intended to ameliorate hardship, the process is extremely difficult for the alien. Statutory requirements are harshly construed, and discretion abitrarily exercised. The statute is hedged with restrictions that make relief difficult for the alien to attain. These obstacles clearly contradict the purpose behind section 244 as enunciated in Wadman v. Immigration and Naturalization Service. However, in spite the legislative purpose, the requirements are strictly construed and discretion inscrutably withheld, making suspension of deportation an illusory promise of relief.
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki
San Diego Law Review
This Comment is addressed to the attorney who has had no previous exposure to immigration law. It collects from a myriad of sources the rules, regulations, and procedures required of an attorney to successfully immigrate an alien.
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.
San Diego Law Review
This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.
Grounds And Procedures Relating To Deportation, Jack Wasserman
Grounds And Procedures Relating To Deportation, Jack Wasserman
San Diego Law Review
Since the enactment of the 1952 Immigration and Nationality Act, our laws contain the most detailed and complicated enumeration prescribed anywhere in the world for the deportation and disqualification of aliens seeking admission or to retain residence in a sovereign nation. The severity and arbitrary character of our deportation laws stems not only from the substantive grounds but also from the absence of a statute of limitations and the retroactive application of the deportation mandate. There is a failure to forgive past sins and a failure to overlook minor infractions which do not warrant the drastic penalty of deportation.
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts
San Diego Law Review
This Article examines the exercise of administrative discretion under the immigration laws under practical considerations. In terms of human misery, the potential impact of our immigration laws can hardly be overstated. With minor exceptions, the immigration laws operate directly and exclusively upon human beings whose hopes for future happiness in a realistic sense frequently depend on their ability to enter, or remain in, this land of freedom and opportunity. The statutes themselves contain a built-in potential for hardship which is to some extent unavoidable. To afford some opportunity for relief from the hardships that inevitably result from the application of …
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.
San Diego Law Review
This brief Article discusses illegal immigration into the United States and its effects on the country. The Author argues that the problem of illegal immigration has grown to the point where it is out of control, and our nation faces the dim prospect of even greater numbers of aliens pouring into the country unless steps are taken soon to halt the movement.
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke
San Diego Law Review
This Article is intended to explore the propriety of the rulings on section 2805 of the California Labor Code, enacted in 1971. That statute provides in pertinent part: "No employer shall knowingly employ an alien who is not entitled to lawful residence in the United States if such employment would have an adverse effect on lawful resident workers." The Author argues that the threshold question in constructing a uniform preemption theory should be whether the relevant subject matter is one which is inherently federal, i.e., it involves an area of law restricted to federal control because of constitutional mandates or …
Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen
Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen
San Diego Law Review
This Article surveys the law regarding the search and seizure on the highway for immigration violations. The Immigration and Nationality Act enumerates 18 deportable classes, ranging from aliens who were inadmissible at any time of entry or entered without inspection, to aliens who, after entry, were convicted of certain crimes or who performed or failed to perform certain acts. This Article explores the INS and evaluates its impacts.
The Need To Modernize Our Immigration Laws, Charles Gordon
The Need To Modernize Our Immigration Laws, Charles Gordon
San Diego Law Review
The Author describes and discusses some statutory changes he believes to be desirable in immigration legislation. He argues that immigration legislature does not occupy a very high priority among Congressional concerns. Moreover, those who favor statutory revisions are often reluctant to propose them, since past experience has demonstrated to them that stirring the legislative pot may produce a stew even less palatable than that now available. The suggestions he proposes include simplifying the statutory structure and creating discretionary authority to waive grounds for exclusion.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.
San Diego Law Review
The intent of this Article is to outline the clearly emerging constitutional standards which the Supreme Court has said attach to the broad powers granted to immigration officials. Historically, there was never any constitutional logic supporting the position that the fourth amendment's protections should not apply to immigration-related searches removed from the actual border. Recent judicial decisions support this conclusion.
Foreword, Peter W. Rodino Jr.
Foreword, Peter W. Rodino Jr.
San Diego Law Review
The immigration laws in our country have been influenced by population growth and distribution, as well as economic and political conditions both in the United States and foreign nations. Such influences have caused significant variations in patterns of immigration throughout our nation's history. It is important for us to remember our distinguished immigrant heritage when commenting upon past immigration policy and projecting as to the future of our immigration laws.
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame
San Diego Law Review
The major failure of present laws dealing with the immigration regulations is in the area of labor importation, certification and control. Over 90 percent of all problems facing the Immigration and Naturalization Service emanate from illegal-entrant alien workers. The purpose of this Article is to illustrate failures of the present laws, consider proposed remedies, and offer an alternative route for alleviation of the problem. The authors' proposal is directed toward further economic research, sociological studies and comprehensive political analyses to propose a legislative package which would completely supplant the present Act.
Aliens - Immigration And Nationality Act - Brief Excursion Outside Country's Borders By Resident Alien May Not Subject Him To Consequences Of An Entry On His Return (Rosenburg V. Fleuti, United States Supreme Court 1963), John V. Stroud
San Diego Law Review
Rosenberg v. Fleuti (United States Supreme Court 1963). Plaintiff, an alien, was originally admitted to the United States for permanent residence in 1952 and has been here continuously except for a visit "of about a couple of hours" duration to Mexico in 1956. The Immigration and Naturalization Service sought to deport plaintiff on the ground that at the time of his return in 1956, he was afflicted with psychopathic personality. The District Court granted the government's motion for summary judgment. The Ninth Circuit Court of Appeals set aside the deportation order, holding that as applied to plaintiff section 241(a)(1) of …