Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will Apr 2018

The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will

Cornell International Law Journal

The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the international …


Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Elizabeth Smeda Apr 2017

Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Elizabeth Smeda

Cornell International Law Journal

U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries-Mexico, Guatemala, El Salvador, and Honduras-in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application. The stakes are high-either a new life in the United States, or probable fatality at home if deported.The …


Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr Oct 2009

Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Cornell International Law Journal

No abstract provided.