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Full-Text Articles in Law

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White Nov 2006

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …


United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger Oct 2006

United States Migration Law: Essentials For Comparison, Christian N. Okeke, James A.R. Nafziger

Publications

The immigration and nationality law of the United States is complex. It is more the product of historical experience than logical design. In one memorable, often-quoted simile, the law bears "a striking resemblance" to "King Minos's labyrinth in ancient Crete." Perhaps only the internal revenue (tax) code and its voluminous regulations are more intricate. Given this complexity, we can only summarize United States migration law. The purpose of this article, as part of a transnational dialogue, is to locate the migration law of the United States within the framework of international migration law and to highlight the essential features of …


Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes Jan 2006

Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes

Brandeis School of Law Faculty Scholarship

No abstract provided.


Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson Jan 2006

Making Paper Dolls: How Restrictions On Judicial Review And The Administrative Process Increase Immigration Cases In Federal Court, Lenni B. Benson

Articles & Chapters

Today, jurisdiction over immigration law is by no means well defined by clear limits. Limitations on jurisdiction have bred a multitude of litigation. The number of federal court cases reviewing removal orders has increased 970% in the past ten years. As of September 2005, the immigration cases represented 18% of the appellate civil docket.

Congress and the courts are not alone in augmenting the number of immigration cases in the federal courts. Congress has also urged the agencies enforcing the immigration laws to increase enforcement, to reduce backlogs and to make removal more swift and certain. At the same time …


The Many Sides Of Immigration Law And Policy, Jill E. Family Dec 2005

The Many Sides Of Immigration Law And Policy, Jill E. Family

Jill E. Family

At First Glance, immigration law might appear as a narrow and secluded area of the law. While practicing and
studying immigration law does require focused expertise, immigration law, in fact, has strong connections to many other areas of law, and the field itself is diverse. The number of immigration cases in the federal courts has increased greatly over the last five years.This increase has led to court reform proposals that exemplify the nexus between immigration law and other legal issues.


Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes Dec 2005

Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes

Enid F. Trucios-Haynes

No abstract provided.