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Immigration Law

Selected Works

2013

Immigration law

Articles 1 - 4 of 4

Full-Text Articles in Law

A People's Guide To U.S. Immigration Law, Irene Scharf Nov 2013

A People's Guide To U.S. Immigration Law, Irene Scharf

Irene Scharf

The goal of this book is to help those who are already here to understand their rights, responsibilities, and choices under the ever-more complicated immigration laws. In these insecure times, it is crucial to understand one's legal rights during work and home raids, how to act if charged by the authorities, how to avoid being deported/removed, how to decide whether to hire a lawyer and if hiring one how to choose one, how to assist one's lawyer to reduce fees, and much more.


The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf Nov 2013

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Irene Scharf

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised …


Will Padilla Reach Across The Border?, Rachel E. Rosenbloom Jun 2013

Will Padilla Reach Across The Border?, Rachel E. Rosenbloom

Rachel E. Rosenbloom

In Padilla v. Kentucky, the Supreme Court recognized a noncitizen criminal defendant’s Sixth Amendment right to receive accurate advice regarding the immigration consequences of a guilty plea. This Article argues that although Padilla represents a major step forward, its reach will be uneven. Looking at what Padilla will mean for those who have been deported on the basis of constitutionally defective guilty pleas, the author identifies two factors that may limit the decision’s impact. First, restrictions on state and federal postconviction relief, combined with the logistical and evidentiary complexities inherent in litigating a claim from abroad, will present significant obstacles …


Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family Dec 2012

Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family

Jill E. Family

Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding rules, often called guidance documents. The agency that adjudicates immigration benefit applications, United States Citizenship and Immigration Services (USCIS), should develop and adopt its own Good Guidance Practices to govern how it uses guidance documents. This article recommends both a mechanism for reform, the Good Guidance Practices, and tackles many complex issues that USCIS will need to address in creating its practices. The …