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Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes Sep 2008

Removal Of Central American Gang Members: How Immigration Laws Fail To Reflect Global Reality, Freddy Funes

Freddy R Funes

Central American gangs have created numerous difficulties for Central American nations. Some of the violence and tactics learned by these gangs came from the United States, via it's new immigration policies. This article explains the faults of the current removal policy and offers solutions to mitigate the growing violence in Central America. Part II discusses the United States’ removal policy. Part III explains the myriad problems that this removal policy produces in Central America and within the United States. Part IV discusses how the United States’ current law fails to further the United States’ interests and how courts refuse to …


Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless Dec 2007

Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …