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Full-Text Articles in Law

What Is Extreme Cruelty? Judicial Review Of Deportation Cancellation Decisions For Victims Of Domestic Abuse, Anna Byrne Nov 2007

What Is Extreme Cruelty? Judicial Review Of Deportation Cancellation Decisions For Victims Of Domestic Abuse, Anna Byrne

Vanderbilt Law Review

In the 1990s, Congress began to devote increased attention to the problem of domestic violence, a rampant national problem with social and economic costs. At the same time, concerns about immigrants draining the social welfare service system and taking jobs away from U.S. citizens gave rise to an interest in more stringently monitoring and eradicating the illegal alien population in the United States. As part of the 1994 Violence Against Women Act ("VAWA"), Congress passed the battered spouse provision, attempting to reconcile its desires to address domestic violence and tighten immigration laws. Illegal immigrants are subject to removal procedures. However, …


Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy Nov 2007

Expedited Injustice: The Problems Regarding The Current Law Of Expedited Removal Of Aggravated Felons, Andrew D. Kennedy

Vanderbilt Law Review

Following the attacks of September 11, 2001, he and his family, like many Americans of the Islamic faith, felt persecuted by their neighbors, despite having had nothing to do with the terrorist attacks on the World Trade Center and the Pentagon.' Mr. Rashid felt intimidated by people following him and calling his home to accuse him of complicity in the September 11 attacks. After weeks of harassment, Mr. Rashid's family contacted the police. Unfortunately for Mr. Rashid, however, he shared a name with a suspected terrorist. Thus, instead of addressing Rashid's concerns, the U.S. government began to suspect him as …


Immigration Policy And Immigration Flows: A Comparative Analysis Of Immigration Law In The U.S. And Argentina , Adela De La Torre, Julia Mendoza Jan 2007

Immigration Policy And Immigration Flows: A Comparative Analysis Of Immigration Law In The U.S. And Argentina , Adela De La Torre, Julia Mendoza

The Modern American

No abstract provided.


Days Without Immigrants: Analysis And Implications Of The Treatment Of Immigration Rallies Under The National Labor Relations Act, Michael C. Duff Jan 2007

Days Without Immigrants: Analysis And Implications Of The Treatment Of Immigration Rallies Under The National Labor Relations Act, Michael C. Duff

All Faculty Scholarship

The massive immigration rallies of early 2006 were prompted by anticipated congressional action classifying all unauthorized workers as felons subject to immediate deportation. While a product of federal immigration policy, the rallies implicate federal labor law because they could be characterized as concerted employee action resulting in a series of work stoppages.

Some employees were discharged for missing work to attend the rallies, so an initial question is whether participation in the rallies is protected activity under the National Labor Relations Act. But even assuming the rallies were attended by unauthorized workers, those workers are undeniably employees within the meaning …


The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan Jan 2007

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.


Refugee Roulette: Disparities In Asylum Adjudication, Andrew I. Schoenholtz, Jaya Ramji-Nogales, Philip G. Schrag Jan 2007

Refugee Roulette: Disparities In Asylum Adjudication, Andrew I. Schoenholtz, Jaya Ramji-Nogales, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This study analyzes databases of merits decisions from all four levels of the asylum adjudication process: 133,000 decisions by 884 asylum officers over a seven year period; 140,000 decisions of 225 immigration judges over a four-and-a-half year period; 126,000 decisions of the Board of Immigration Appeals over six years; and 4215 decisions of the U.S. Courts of Appeal during 2004 and 2005. The analysis reveals significant disparities in grant rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. In many cases, the most important moment in an asylum …


You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson Jan 2007

You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson

Articles & Chapters

No abstract provided.


Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson Jan 2007

Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson

Articles & Chapters

No abstract provided.