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Immigration Law

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2011

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Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash Dec 2011

Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash

Catalyst: A Social Justice Forum

It is often said that justice requires us to treat like cases alike. Accordingly, the U.S. refugee resettlement program provides all refugees—no matter where they are from, no matter their pasts—with very similar funding and services. Refugees, however, are far from alike. In this essay, I invoke Borgmann’s distinction between a “thing” and a “device” and draw on stories from my work with a resettlement agency to argue that our current, employment-driven system is in need of reform. Instead of being restricted to generic programs, refugee resettlement agencies should be funded to help each family achieve social integration in ways …


The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le Dec 2011

The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le

William & Mary Bill of Rights Journal

No abstract provided.


Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali Oct 2011

Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali

American University Law Review

No abstract provided.


Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang Sep 2011

Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang

University of Michigan Journal of Law Reform

This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …


What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley Sep 2011

What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Sep 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …


Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin Jul 2011

Still In 'The Jungle': Labor, Immigration, And The Search For A New Common Ground In The Wake Of Iowa's Meatpacking Raids, Khari Taustin

University of Miami Business Law Review

No abstract provided.


The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg Jul 2011

The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg

Nevada Law Journal

No abstract provided.


Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles Jul 2011

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles

Brigham Young University Journal of Public Law

No abstract provided.


United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz Jun 2011

United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz

Golden Gate University Law Review

In United States v. Ruiz-Gaxiola, the United States Court of Appeals for the Ninth Circuit held that the government could not medicate a defendant involuntarily for the sole purpose of rendering the defendant competent to stand trial. The court relied on the Sell test in making its determination. In Sell v. United States, the United States Supreme Court established a four-pronged test for determining whether a court should grant a request to medicate a defendant involuntarily. A court may not grant such a request unless the government shows that (1) an important government interest is at stake in …


Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam Jun 2011

Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam

Chicago-Kent Law Review

Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …


Protecting Refugees And Immigrants On United States Soil But Not "In The United States": The Unique Case Of The Commonwealth Of The Northern Mariana Islands, Estelle Hofschneider May 2011

Protecting Refugees And Immigrants On United States Soil But Not "In The United States": The Unique Case Of The Commonwealth Of The Northern Mariana Islands, Estelle Hofschneider

Buffalo Law Review

No abstract provided.


Visa As Property, Visa As Collateral, Eleanor Marie L. Brown May 2011

Visa As Property, Visa As Collateral, Eleanor Marie L. Brown

Vanderbilt Law Review

Three decades ago Guido Calabresi and Philip Bobbit famously wrote about "tragic choices," namely tough policy choices which offend deeply held values, and the accompanying "subterfuges," that is, efforts by policy elites to shield such choices from public view.' Strangely, the "tragic choice" framework has not been applied in the context of U.S. immigration law, although current immigration policy is rife with tragic choices and subterfuges. A case in question is the issue of commodification of visas. It is clear that U.S. policymakers remain deeply committed to maintaining an illusion that U.S. visas are not being "sold."2 For example, in …


Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug May 2011

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia Zug

BYU Law Review

No abstract provided.


Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke Apr 2011

Reaffirming The Role Of The Federal Courts: How The Sixties Provide Guidance For Immigration Reform, Robbie Clarke

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag Apr 2011

The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag

Osgoode Hall Law Journal

This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …


The Citizenship Shibboleth: Is The American Dream Everyone Else's Nightmare?, Emily Marr Apr 2011

The Citizenship Shibboleth: Is The American Dream Everyone Else's Nightmare?, Emily Marr

Michigan Law Review

The American Dream is a trope with global reach. Although the "city upon a hill" may have lost some of its luster in recent years, the idea that America is a country where citizens can rise above "the fortuitous circumstances of birth or position" largely continues to resonate. Professor Ayelet Shachar's provocative new book, however, suggests otherwise. In The Birthright Lottery, Shachar condemns birthright citizenship laws as a feudal anachronism analogous to an inherited-property regime. For her, birthright citizenship in a prosperous nation confers a morally arbitrary windfall that determines life opportunities (pp. 4-7). Shachar further argues that in a …


One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez Mar 2011

One Time Too Many: In Re Briones And The Bia's Rigid Interpretation Of The Life Act And Its Dire Consequences For Undocumented Reentry, Lauren Gonzalez

San Diego International Law Journal

This Casenote will discuss both the origins of the LIFE Act and its early potential, and then focus attention on the BIA decision itself in Briones and its impact on immigration courts and U.S. courts of appeals. In Part II, this Casenote will give a brief overview of the LIFE Act and its creation. Parts III and IV will discuss the issues presented in Briones, the facts of the case, and the BIA?s decision. In Part V, the Casenote will then analyze the decision in Briones as it conflicts with previous case law from multiple circuit courts of appeal and …


Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon Feb 2011

Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon

UC Irvine Law Review

No abstract provided.


Why A Wall?, Pratheepan Gulasekaram Feb 2011

Why A Wall?, Pratheepan Gulasekaram

UC Irvine Law Review

No abstract provided.


Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly Feb 2011

Criminal Clinics In The Pursuit Of Immigrant Rights: Lessons From The Loncheros, Ingrid V. Eagly

UC Irvine Law Review

No abstract provided.


The Political Economics Of Immigration Law, Mariano-Florentino Cuéllar Feb 2011

The Political Economics Of Immigration Law, Mariano-Florentino Cuéllar

UC Irvine Law Review

No abstract provided.


Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López Feb 2011

Kiyemba, Guantánamo, And Immigration Law: An Extraterritorial Constitution In A Plenary Power World, Ernesto Hernández-López

UC Irvine Law Review

No abstract provided.


Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Ong Hing Feb 2011

Immigration Sanctuary Policies: Constitutional And Representative Of Good Policing And Good Public Policy, Bill Ong Hing

UC Irvine Law Review

No abstract provided.


A Case Study Of Color-Blindness: The Racially Disparate Impacts Of Arizona’S S.B. 1070 And The Failure Of Comprehensive Immigration Reform, Kevin R. Johnson Feb 2011

A Case Study Of Color-Blindness: The Racially Disparate Impacts Of Arizona’S S.B. 1070 And The Failure Of Comprehensive Immigration Reform, Kevin R. Johnson

UC Irvine Law Review

No abstract provided.


Who Belongs?: Immigration Outside The Law And The Idea Of Americans In Waiting, Hiroshi Motomura Feb 2011

Who Belongs?: Immigration Outside The Law And The Idea Of Americans In Waiting, Hiroshi Motomura

UC Irvine Law Review

No abstract provided.


Getting To Work: Why Nobody Cares About E-Verify (And Why They Should), Juliet P. Stumpf Feb 2011

Getting To Work: Why Nobody Cares About E-Verify (And Why They Should), Juliet P. Stumpf

UC Irvine Law Review

No abstract provided.


Immigration Law And The Proportionality Requirement, Michael J. Wishnie Feb 2011

Immigration Law And The Proportionality Requirement, Michael J. Wishnie

UC Irvine Law Review

No abstract provided.


Finding A Meaningfulness Principle In Firm Resettlement Law: A Proposal For A More Robust Framework In Light Of The Board Of Immigration Appeals’ Decision In Matter Of A-G-G-, Sam Lam Feb 2011

Finding A Meaningfulness Principle In Firm Resettlement Law: A Proposal For A More Robust Framework In Light Of The Board Of Immigration Appeals’ Decision In Matter Of A-G-G-, Sam Lam

UC Irvine Law Review

No abstract provided.


The First To Go: If The Budget Sinks The Ship Of State, Will Immigrants Get The Heave-Ho?, Justin Mcdevitt Jan 2011

The First To Go: If The Budget Sinks The Ship Of State, Will Immigrants Get The Heave-Ho?, Justin Mcdevitt

Public Interest Law Reporter

No abstract provided.