Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Immigration Law (10)
- Constitutional Law (5)
- Administrative Law (2)
- Fourteenth Amendment (2)
- Law and Politics (2)
-
- Law and Society (2)
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Common Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- History (1)
- International Humanitarian Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Legal Writing and Research (1)
- Legislation (1)
- Litigation (1)
- National Security Law (1)
- Public Law and Legal Theory (1)
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Law
Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock
Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock
Loyola of Los Angeles Law Review
Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens …
Pereira's Aftershocks, Lonny Hoffman
Pereira's Aftershocks, Lonny Hoffman
William & Mary Law Review
At the end of the 2017 term, the Supreme Court decided not to stop time. Nonpermanent residents who have been placed in removal proceedings may apply for a discretionary form of relief from the Attorney General known as “cancellation of removal.” To be eligible, an applicant must show (in addition to meeting other requirements) that she has been in the United States for at least ten consecutive years. The period of continuous physical presence is interrupted when the government serves the noncitizen with a notice to appear at a removal hearing. However, in Pereira v. Sessions, the Court held that …
Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg
Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg
Journal of the National Association of Administrative Law Judiciary
This comment will examine immigration in the United States, specifically by addressing questions involving the constitutionality of Deferred Action for Childhood Arrivals (DACA) and removal procedures. Part II will look at the historical background of immigration policy in the United States, including past amnesties and the latest reform, DACA. Part III will analyze DACA and why it was rescinded. Part IV will discuss one the most detrimental consequences of DACA being rescinded—deportation, and the constitutional limits of removal procedures. Part V will deploy some future predictions on immigration and the next steps Congress should take to ensure that there is …
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Immigration and Human Rights Law Review
Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …
A Child Litigant's Right To Counsel, Kevin Lapp
A Child Litigant's Right To Counsel, Kevin Lapp
Loyola of Los Angeles Law Review
As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Dickinson Law Review (2017-Present)
No abstract provided.
Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung
Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung
History
Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig Mousin
Mission and Ministry Publications
Although the United States provided significant guidance in drafting the Convention on the Rights of the Child (CRC) it has never ratified the convention. The failure to ratify has taken on critical significance in light of new federal policies that have detained over 15,000 children in 2018, separated families, accelerated removal of asylum seekers, and emphasized deterring families from seeking asylum.This article raises ethical and health implications of these refugee policies in light of the United States’ failure to ratify the CRC. It first examines the development of the CRC and international refugee law. It next lists some of the …
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook
Scholarly Works
In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …
Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods
Barriers To Due Process For Indigent Asylum Seekers In Immigration Detention, Cindy S. Woods
Mitchell Hamline Law Review
No abstract provided.
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Invoking Federal Common Law Defenses In Immigration Cases, Fatma Marouf
Faculty Scholarship
This Article argues that we should take a deeper look at the applicability of federal common law defenses in immigration cases. In the rare cases where noncitizens attempt to raise common law defenses, such arguments tend to be dismissed offhand by immigration judges simply because removal proceedings are technically civil, not criminal. Yet many common-law defenses may be raised in civil cases. Additionally, immigration proceedings have become increasingly intertwined with the criminal system. After examining how judges already rely on federal common law to fill in gaps in the Immigration and Nationality Act (INA), this Article proposes three categories of …
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin
Rights Disappear When Us Policy Engages Children As Weapons Of Deterrence, Craig B. Mousin
Craig B. Mousin