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The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper
The Beast Of Burden In Immigration Bond Hearings, Mary P. Holper
Mary Holper
In this article, I examine the burden of proof in bond proceedings. I apply theories for why burdens of proof exist in the law to demonstrate why the government should bear the burden of proof. I also argue that in order to ensure that such detention comports with Due Process, the government must prove, by clear and convincing evidence, that a detainee is dangerous. This presumption of freedom previously existed, yet was eviscerated by the former Immigration and Naturalization Service in a 1997 regulation and the Board of Immigration Appeals in a 1999 decision. That the detainee must bear the …
Confronting Cops In Immigration Court, Mary Holper
Confronting Cops In Immigration Court, Mary Holper
Mary Holper
The Expansion Of “Particularly Serious Crimes” In Refugee Law: Mirroring The Severity Revolution, Mary Holper
The Expansion Of “Particularly Serious Crimes” In Refugee Law: Mirroring The Severity Revolution, Mary Holper
Mary Holper
Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (“PSC”) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law. …