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Immigration

Fordham Law School

2014

Discipline

Articles 1 - 11 of 11

Full-Text Articles in Law

There And Back, Now And Then: Iirira’S Retroactivity And The Normalization Of Judicial Review In Immigration Law, Austen Ishii Nov 2014

There And Back, Now And Then: Iirira’S Retroactivity And The Normalization Of Judicial Review In Immigration Law, Austen Ishii

Fordham Law Review

The U.S. Supreme Court has a long tradition of treating immigration law as “exceptional,” deferring to Congress and executive agencies when determining the scope of various immigration laws. The Court’s refusal to subject immigration statutes to the ordinary level of judicial review has left immigrants even more susceptible to the effects of anti-immigrant legislation.

When the Court decided Fernandez-Vargas v. Gonzales in 2006 it increased the scope of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) by allowing portions of the statute to be applied to immigrants who had reentered the United States prior to its effective …


Detention After The Aumf, Stephen I. Vladeck Apr 2014

Detention After The Aumf, Stephen I. Vladeck

Fordham Law Review

No abstract provided.


Editors' Foreword, Editors Apr 2014

Editors' Foreword, Editors

Fordham Law Review

No abstract provided.


The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies Apr 2014

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.


Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea Apr 2014

Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea

Fordham Law Review

The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …


Soil And Citizenship, Linda Bosniak Apr 2014

Soil And Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.


The Citizenship Of Others, Muneer I. Ahmad Apr 2014

The Citizenship Of Others, Muneer I. Ahmad

Fordham Law Review

No abstract provided.


Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem Apr 2014

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.


The Boston Bombers, Leti Volpp Apr 2014

The Boston Bombers, Leti Volpp

Fordham Law Review

No abstract provided.


Expatriating Terrorists, Peter J. Spiro Apr 2014

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.


Citizenship And Protection, Andrew Kent Apr 2014

Citizenship And Protection, Andrew Kent

Fordham Law Review

This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.