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Full-Text Articles in Law
Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard
Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard
Journal of Public Law and Policy
The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
Immigration After Doma: How Equal Is Marriage Equality?, John Medeiros
Journal of Public Law and Policy
Nearly 36,000 United States citizens are currently living with their foreign-born same-sex partners. Until recently, same-gendered binational spouses have been unable to avail themselves of the immigration advantages shared by their heterosexual counterparts, largely because of Section 3 of the Defense of Marriage Act (DOMA), which defines “marriage” at the federal level as “a legal union between one man and one woman.” This dual treatment changed, however, in the summer of 2013, when the Supreme Court heard the case of United States v. Windsor, which challenged Section 3 of DOMA. In Windsor, the Court held that by restricting …