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Articles 61 - 76 of 76
Full-Text Articles in Law
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Seattle University Law Review
In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
Seattle University Law Review
Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …
Teaching Immigration Law And Immigrant Rights From Your Own Caseload, Bill Ong Hing
Teaching Immigration Law And Immigrant Rights From Your Own Caseload, Bill Ong Hing
Saint Louis University Law Journal
No abstract provided.
Standing To Challenge State And Local Immigration Regulation: How The Notion Of Expressive Injury Can Restore Federal Power Over Immigration, Timothy A. Newman
Standing To Challenge State And Local Immigration Regulation: How The Notion Of Expressive Injury Can Restore Federal Power Over Immigration, Timothy A. Newman
William & Mary Bill of Rights Journal
No abstract provided.
Butchering Statutes: The Postville Raid And The Misinterpretation Of Federal Criminal Law, Peter R. Moyers
Butchering Statutes: The Postville Raid And The Misinterpretation Of Federal Criminal Law, Peter R. Moyers
Seattle University Law Review
This article argues that a federal district court misinterpreted several statutes after an immigration raid in Postville, Iowa. In Part II, I begin with an account of Agriprocessors' prior legal troubles, which explains how it became such a politically attractive target. Next, I describe how the investigation of Agriprocessors led to a raid seeking to execute nearly 700 criminal arrest warrants. In Part III, I describe the causes of the accelerated criminal process that resulted in nearly 300 guilty pleas and sentencings in the span of twelve days. In Part IV, I argue that the accelerated process was premised upon …
A Tale Of Two Cities: Is Lozano V. City Of Hazelton The Judicial Epilogue To The Story Of Local Immigration Regulation In Beaufort County, South Carolina, Jason P. Luther
A Tale Of Two Cities: Is Lozano V. City Of Hazelton The Judicial Epilogue To The Story Of Local Immigration Regulation In Beaufort County, South Carolina, Jason P. Luther
South Carolina Law Review
No abstract provided.
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
Speech: Latinas And Their Families In Detention: The Growing Intersection Of Immigration Law And Criminal Law, Sandra Guerra Thompson
William & Mary Journal of Race, Gender, and Social Justice
In this article, Professor Sandra Guerra Thompson explores the growing enforcement of immigration law within the interior of the United States and the growing intersection of the criminal justice system and immigration law. Through the use of worksite enforcement sweeps and immigration screening by state and local law enforcement, growing numbers of undocumented persons are being taken into custody by federal immigration officials. She examines the plight of women and families held in detention centers under what are often deplorable conditions. Ironically, immigration detention centers offer fewer resources than those available in most state prisons. The immigration law judicial system …
Protecting The Truly Persecuted: Restructuring The Flawed Asylum System, Kathryn A. Dittrick Heebner
Protecting The Truly Persecuted: Restructuring The Flawed Asylum System, Kathryn A. Dittrick Heebner
University of San Francisco Law Review
No abstract provided.
Voluntary Departure: Stopping The Clock For Judicial Review, Chelsea Walsh
Voluntary Departure: Stopping The Clock For Judicial Review, Chelsea Walsh
Fordham Law Review
No abstract provided.
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
University of the District of Columbia Law Review
The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
U.S. Immigration Benefits For Same Sex Couples: Green Cards For Gay Partners?, Mara Schulzetenberg
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
Expedited Removal And Discrimination In The Asylum Process: The Use Of Humanitarian Aid As A Political Tool, Erin M. O'Callaghan
William & Mary Law Review
No abstract provided.
Judicial Review In A Legislative State: The South Carolina Experience, James L. Underwood
Judicial Review In A Legislative State: The South Carolina Experience, James L. Underwood
South Carolina Law Review
No abstract provided.
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
William & Mary Law Review
No abstract provided.
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
Fordham Law Review
No abstract provided.