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Full-Text Articles in Law
Homeland Security Policy: Deportment On Deportation, Ibpp Editor
Homeland Security Policy: Deportment On Deportation, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on the appropriateness of deporting illegal aliens in support of homeland security policy.
Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis
Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis
University of Michigan Journal of Law Reform
In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.
Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the …
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
University of Michigan Journal of Law Reform
For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however. …
Categorical Approach Or Categorical Chaos - A Critical Analysis Of The Inconsistencies In Determining Whether Felony Dwi Is A Crime Of Violence For Purposes Of Deportation Under 18 U.S.C. 16, Timothy M. Mulvaney
Villanova Law Review
No abstract provided.
Of Course We Believe You, But - The Third Circuit's Position On Corroboration Of Credible Testimony, Brian P. Downey, Angelo, A. Stio Iii
Of Course We Believe You, But - The Third Circuit's Position On Corroboration Of Credible Testimony, Brian P. Downey, Angelo, A. Stio Iii
Villanova Law Review
No abstract provided.
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp
St. Mary's Law Journal
Cases prosecuted under 8 U.S.C. §1324 present special challenges for the Government and for defendants. Under §1324, it is a crime to transport or smuggle aliens into the United States. Prosecuting transporters or smugglers may present a challenge if a witness is unavailable. Even though transporting or smuggling always has witnesses—the alien(s) who hired the smuggler or transporter—not all witnesses have prolonged detentions, and some are returned to their native country. The transporter or smuggler may then assert their Sixth Amendment right. The Sixth Amendment’s Confrontation Clause requires that in all criminal prosecutions, the accused shall enjoy the right to …