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An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
Law Faculty Scholarship
The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our national security. This has prompted various legislative proposals relating to citizenship, including amending the U.S. Constitution to make clear that children born in the United States to unauthorized immigrants are not entitled to birthright citizenship. The Article presents the reasons why these various state and federal level “solutions” are either ineffective …
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Lost In The Maze Of Appeals: The Eleventh Circuit's Review Of Decisions By The Board Of Immigration Appeals, Amy L. Moore
Law Faculty Scholarship
The Eleventh Circuit reviews decisions made by the Board of Immigration Appeals with a very lenient substantial evidence test that incorporates the idea of compulsion. In other words, the record must compel an opposite conclusion for a decision to be overturned as opposed to merely being unsupported by substantial evidence. This article details the job of the Board of Immigration Appeals, the types of claims it hears, and the types of review applied to it by the Eleventh Circuit. A study of 251 cases from 1990 through 2008 suggests that the Eleventh Circuit hardly ever overturns the Board of Immigration …