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Full-Text Articles in Law
Analysis: The Diversity Lottery: Do We Need It?, Ted Hesson, Rachel Rosenbloom
Analysis: The Diversity Lottery: Do We Need It?, Ted Hesson, Rachel Rosenbloom
Rachel E. Rosenbloom
No abstract provided.
Remedies For The Wrongly Deported: Territoriality, Finality, And The Significance Of Departure, Rachel Rosenbloom
Remedies For The Wrongly Deported: Territoriality, Finality, And The Significance Of Departure, Rachel Rosenbloom
Rachel E. Rosenbloom
In recent years, thousands of longtime legal residents have been deported based on erroneous interpretations of the 1996 amendments to the Immigration and Nationality Act. Their return to the United States is precluded by a pair of Department of Justice regulations barring immigration judges and the Board of Immigration Appeals (BIA) from correcting errors in removal proceedings once a deportee has left the United States. Advocates have begun to take aim at these regulations through litigation and administrative advocacy. This article, the first scholarly work to consider the phenomenon of wrongful deportation and the arguments for and against the “departure …
Policing The Borders Of Birthright Citizenship: Some Thoughts On The New (And Old) Restrictionism, Rachel Rosenbloom
Policing The Borders Of Birthright Citizenship: Some Thoughts On The New (And Old) Restrictionism, Rachel Rosenbloom
Rachel E. Rosenbloom
Why has the issue of birthright citizenship gained such prominence in recent years among immigration restrictionists? Conventional wisdom holds that opposition to birthright citizenship is a new phenomenon spurred on by two factors: unprecedented levels of unauthorized immigration and the rise of the welfare state. Yet challenges to the legitimacy of birthright citizenship have in fact arisen at various points since the passage of the Fourteenth Amendment. Examining earlier debates about birthright citizenship, including the largely overlooked history of citizenship restrictionism in the 1920s, I argue that current restrictionist efforts fall into a familiar pattern in which fears about the …
Is The Attorney General The Custodian Of An Ins Detainee? Personal Jurisdiction And The“Immediate Custodian” Rule In Immigration-Related Habeas Actions, Rachel Rosenbloom
Is The Attorney General The Custodian Of An Ins Detainee? Personal Jurisdiction And The“Immediate Custodian” Rule In Immigration-Related Habeas Actions, Rachel Rosenbloom
Rachel E. Rosenbloom
This article argues that the immediate custodian rule has no place in the adjudication of immigration-related habeas actions. I propose that in place of this rule, courts should require only that an appropriate respondent, which may include the Attorney General, be served within the court's jurisdiction; after that, the proper forum should be determined through a venue analysis that considers factors such as the location of witnesses, the location of evidence, and convenience to the parties. Part I provides a brief overview of the use of habeas corpus petitions by INS detainees. Part II situates the custodian debate within relevant …