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Articles 31 - 42 of 42
Full-Text Articles in Law
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Reentering The Golden Door: Waiving Good-Bye To Exclusion Grounds For Permanent Resident Aliens, William Mckay Bennett
Washington Law Review
Under the exclusion provisions of the Immigration and Nationality Act (INA), an alien admitted to the United States for permanent residence can be prohibited from reentering the United States after a trip out of the country. Because exclusion grounds differ from deportation grounds, permanent resident aliens who are not deportable could leave the country and find themselves excluded at the border upon return. The INA provides relief in such cases by allowing permanent resident aliens who have lived in the United States for over seven years to apply for a discretionary waiver of exclusion grounds under INA § 212(c). In …
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Washington Law Review
In INS v. Elias-Zacarias, the Supreme Court examined the definition of "refugee" under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not "persecution on account of political opinion" as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court's reasoning and concludes that Congress should enact legislation nullifying the Court's decision.
Review Of Visa Denials By Consular Officers, James A.R. Nafziger
Review Of Visa Denials By Consular Officers, James A.R. Nafziger
Washington Law Review
United States consular officers stationed abroad exercise enormous discretion in deciding whether to grant or deny applications for visas by foreign citizens. The process for reviewing visa denials is exceptionally limited. Federal rules and regulations and consular practices do provide for internal review of visa denials, members of Congress and the media occasionally press for review of individual cases, and the Visa Office in the Department of State issues advisory opinions from time to time on matters of both fact and law. This process is, however, inadequate for several reasons. Time and budgetary constraints generally prevent consular officers from recording …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton
Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton
Washington Law Review
With the passage of the Refugee Act of 1980, the United States took an important step toward fulfilling its international human rights obligations. The Act significantly changed American asylum law and the federal courts have played a major role in interpreting the resulting changes. Because of this, the courts often have the last word in determining the practical nature of the human rights commitments embodied in the Refugee Act. In Sanchez-Trujillo v. INS, the Ninth Circuit Court of Appeals played the role of interpreter in outlining the parameters of a "particular social group" subject to a well-founded fear of persecution. …
The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad
Washington Law Review
In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …
The Constitutional Rights Of Excludable Aliens: History Provides A Refuge, Tamara J. Conrad
The Constitutional Rights Of Excludable Aliens: History Provides A Refuge, Tamara J. Conrad
Washington Law Review
This Comment will explore questions left unanswered by the Court in Jean v. Nelson. In examining the scope of the government's exclusion power and the constitutional position of the excludable alien, this Comment proposes a new framework for analyzing the government's authority over immigration law generally. The proposed framework consists of a two part test which is based on a reexamination of two early Supreme Court immigration decisions. The first prong of the test defines and limits the scope of the government's plenary power over immigration through a framework derived from Wong Wing v. United States." The second prong is …
A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg
A Reprise Of Warrants, Probable Cause, And Articulable Suspicion In Immigration Enforcement—Laduke V. Nelson, 762 F.2d 1318 (9th Cir. 1985), Barbara J. Selberg
Washington Law Review
This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an …
Constitutional Law—Immigration: Meiklejohn Theory Of The First Amendment Applied In The Immigration Context—Mandel V. Mitchell, 325 F. Supp. 620 (E.D.N.Y.), Appeal Docketed 40 U.S.L.W. 3035 (U.S. July 13, 1971), Anon
Washington Law Review
Ernest Mandel, a noted Belgian economist and a Trotskyite Marxist, was invited to participate as a speaker and panelist in a conference at Stanford University. He was denied a visa pursuant to two subsections of the Immigration and Nationality Act of 1952. Subsection 212(a)(28)(D) excludes "Aliens... who advocate the economic, international, and governmental doctrines of World communism;..." and subsection 212(a)(28)(G)(v) bars "Aliens who write or publish ... or who knowingly circulate ... any written or printed matter, advocating or teaching ... the economic, international and governmental doctrines of world communism.. . . " Although Mandel had been granted visas for …
Immigration Law—Deportation: What Fraud Hath Wrought Together Let No Man Put Asunder—Muslemi V. Immigration And Naturalization Service, 408 F.2d 1196 (9th Cir. 1969), Anon
Washington Law Review
Petitioner, an alien, entered the United States on a temporary visitor visa after being denied an immigrant visa because the quota for his country was oversubscribed. Five days after he was notified that deportation proceedings were being initiated against him due to expiration of his visa, petitioner married a United States citizen. His petition for permanent residence on the basis of that marriage was granted by a special inquiry officer, but the decision was reversed by the Board of Immigration Appeals [hereinafter referred to as the Board] . Petitioner moved for reconsideration urging that his deportation be suspended pursuant to …
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Washington Law Review
This article considers the basis and limit of the constitutional power to deport aliens who have become settled residents of the United States