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Full-Text Articles in Law
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke
Case Western Reserve Journal of International Law
In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Remarks On Executive Action And Immigration Reform, Shoba Sivaprasad Wadhia
Case Western Reserve Journal of International Law
This essay places the President's executive actions on immigration last November into a larger context by providing a brief history of prosecutorial discretion in immigration cases. This essay also describes how law students at Penn State Law School used the President's announcement of executive actions as a platform for local change in the State College community.
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Case Western Reserve Journal of International Law
Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Immigration At The Turn Of The New Century, Peter H. Schuck
Immigration At The Turn Of The New Century, Peter H. Schuck
Case Western Reserve Journal of International Law
No abstract provided.
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran
Case Western Reserve Journal of International Law
No abstract provided.
The Immigrant Investor Program: Cleaning Up Canada's Act, James D. Derosa
The Immigrant Investor Program: Cleaning Up Canada's Act, James D. Derosa
Case Western Reserve Journal of International Law
No abstract provided.
Judicial Review Of The Administrative Denial Of Employment Certification To Aliens, Anastasius Efstratiades
Judicial Review Of The Administrative Denial Of Employment Certification To Aliens, Anastasius Efstratiades
Case Western Reserve Journal of International Law
No abstract provided.
Mental Illness Exclusions In United States Immigration Procedure, James E. Moore
Mental Illness Exclusions In United States Immigration Procedure, James E. Moore
Case Western Reserve Journal of International Law
No abstract provided.