Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Faculty Scholarship
This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the …
The Categorical Approach For Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania
The Categorical Approach For Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania
Faculty Scholarship
A conviction for a crime involving moral turpitude (CIMT) can result in harsh immigration penalties such as removal from the United States for noncitizens. The designation of a crime as a CIMT depends on whether moral turpitude inheres in its elements. Administrative adjudicators and federal courts have thus been using a categorical approach that focuses on the elements of a crime to determine whether it is a CIMT. Although variations in the categorical approach have developed among the circuits, the categorical approach has customarily employed two steps, both focusing on the elements of the conviction rather than the actions of …