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Articles 1 - 6 of 6
Full-Text Articles in Law
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Second Chances In Criminal And Immigration Law, Ingrid V. Eagly
Indiana Law Journal
This Essay publishes the remarks given by Professor Ingrid Eagly at the 2022 Fuchs Lecture at Indiana University Maurer School of Law. The Fuchs Lecture was established in honor of Ralph Follen Fuchs in 2001. Professor Fuchs, who served on the Indiana University law faculty from 1946 until his retirement in 1970, was awarded the title of university professor in recognition of his scholarship, teaching, and public service. In her Fuchs lecture, Professor Eagly explores the growing bipartisan consensus behind “second chance” reforms in the state and federal criminal legal systems. These incremental reforms acknowledge racial bias, correct for past …
The Immigration Shadow Docket, Faiza W. Sayed
The Immigration Shadow Docket, Faiza W. Sayed
Northwestern University Law Review
Each year, the Board of Immigration Appeals (BIA)—the Justice Department’s appellate immigration agency that reviews decisions of immigration judges and decides the fate of thousands of noncitizens—issues about thirty published, precedential decisions. At present, these are the only decisions out of approximately 30,000 each year, that are readily available to the public and provide detailed reasoning for their conclusions. This is because most of the BIA’s decision-making happens on what this Article terms the “immigration shadow docket”—the tens of thousands of other decisions the BIA issues each year that are unpublished and nonprecedential. These shadow docket decisions are generally authored …
Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag
Luck Of The Draw Iii: Using Ai To Examine Decision‐Making In Federal Court Stays Of Removal, Sean Rehaag
All Papers
This article examines decision‐making in Federal Court of Canada immigration law applications for stays of removal, focusing on how the rates at which stays are granted depend on which judge decides the case. The article deploys a form of computational natural language processing, using a large‐language model machine learning process (GPT‐3) to extract data from online Federal Court dockets. The article reviews patterns in outcomes in thousands of stay of removal applications identified through this process and reveals a wide range in stay grant rates across many judges. The article argues that the Federal Court should take measures to encourage …
Advancing Immigrant Legal Representation: The Next Fifteen Years, Muzaffar Chishti, Charles Kamasaki, Laura Vasquez
Advancing Immigrant Legal Representation: The Next Fifteen Years, Muzaffar Chishti, Charles Kamasaki, Laura Vasquez
Fordham Law Review
As a judge on the U.S. Court of Appeals for the Second Circuit, Robert A. Katzmann found that immigration matters represented a severe and growing bottleneck of the cases at the court. Instead of treating this phenomenon purely as a case management problem, he chose to delve deeper to understand the underlying cause for the high level of appeals from immigration agency determinations. Judge Katzmann concluded that lack of effective counsel was a major factor, and he turned that understanding into a cause. In his 2007 clarion call, he implored the enlightened members of the legal community to rise to …