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Articles 1 - 25 of 25
Full-Text Articles in Law
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith
San Diego Law Review
This Comment compares DACA to administrative case closure and argues that Congress or the President should grant employment authorization to individuals whose cases have been administratively closed. Part I describes the current interpretation of the employment authorization regulation and provides the background of administrative case closure. Part I highlights the disparate treatment that the regulation affords to undocumented immigrants facing deferred action and administrative closure—offering employment authorization to only deferred action recipients. Part II examines the history of deferred action in immigration cases and uses DACA as a framework to show how the scope of the employment authorization regulation should …
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers
The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers
Touro Law Review
No abstract provided.
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Touro Law Review
No abstract provided.
When Is When?: 8 U.S.C. § 1226(C) And The Requirements Of Mandatory Detention, Gerard Savaresse
When Is When?: 8 U.S.C. § 1226(C) And The Requirements Of Mandatory Detention, Gerard Savaresse
Fordham Law Review
Over the past several decades, immigration law has come to resemble criminal law in a number of ways. Most significantly, the current statutory regime allows the U.S. Attorney General (AG) to detain noncitizens during their removal proceedings. Ordinarily, the AG may detain noncitizens subject to removal so long as the AG provides an individualized bond hearing to assess whether the noncitizen poses a flight risk or a danger to the community. Pursuant to 8 U.S.C. § 1226(c), however, the AG must detain and hold without bond any noncitizen who has committed qualifying offenses “when the alien is released” from criminal …
Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Seventh Circuit Review
Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. …
Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera
Policy On Immigration From The Southwest And Resulting Border Control Security Implications, Amber Gottfried, Arpit Bawa, Russel Goff, Austin Grelle, Marielynn Herrera
Student Papers in Public Policy
The attacks of September 11, 2001 (9/11) forced the United States to examine its immigration policies and how they relate to the national security of the nation. In the months following these events, Congress expanded the nation’s ability to collect data and share information on suspected terrorists through the passage of several laws focused on detaining and deportation of immigrants (Rosenblum, 2011). Although the intention of the enactment of these policies was to protect the nation from further terrorist attacks, they have created unforeseen impacts on populations identified as immigrants into the United States.
Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal
Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal
Chicago-Kent Law Review
Recent political discourse on undocumented immigration has triggered questions regarding the extent to which the individual states are preempted from making undocumented immigrants eligible for certain state benefits. In-state tuition, in particular, has become a site of contentious debate. This Note examines whether states may, consistent with federal law and federal preemption principles, make undocumented students eligible to matriculate at public universities at the in-state rate. Part I of this Note provides historical background on the development of the federal exclusivity principle in matters of immigration law. Part II examines the federal laws against which immigrant in-state tuition laws are …
Across The Border And Back Again: Immigration Status And The Article 12 “Well-Settled” Defense, Michael Singer
Across The Border And Back Again: Immigration Status And The Article 12 “Well-Settled” Defense, Michael Singer
Fordham Law Review
The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral international treaty designed to effectively govern the return of children abducted (often by a parent) and taken to a foreign country. In most cases, if the “left-behind” parent applies for relief under the Convention within a year of the abduction, the child must be returned to the country of origin for a custody hearing. If, however, the application for return is made more than one year after abduction and the child is now “well-settled” in their new environment, the application may be denied under the well-settled …
Book Reviews, David J. Agatstein
Book Reviews, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deportation And The War On Independence , Stephen H. Legomsky
Deportation And The War On Independence , Stephen H. Legomsky
Journal of the National Association of Administrative Law Judiciary
Judicial independence, despite its long history and cherished place in American jurisprudence, has periodically been attacked by those who disagree with particular outcomes. In recent years, Congress and the executive branch have mounted a sustained assault on decisional independence in the adjudication of deportation (now called “removal”) cases. Various actions taken by Attorney General Ashcroft in 2002 and 2003 and still in place today have left both immigration judges and the members of the Board of Immigration Appeals without any meaningful decisional independence. Meanwhile, in 1996 and again in 2005, Congress imposed severe limitations on judicial review of administrative orders …
Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman
Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman
Journal of the National Association of Administrative Law Judiciary
The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill E. Family
Journal of the National Association of Administrative Law Judiciary
Immigration adjudication is more diverse than it may seem. Scholars tend to focus on one aspect of administrative immigration adjudication, the decision-making process established to determine whether an individual may be removed (deported) from the United States. But there is a whole other function of administrative immigration adjudication that relatively is ignored in the legal literature. Immigration adjudicators are also tasked with determining whether to grant immigration benefits, such as whether to grant lawful permanent resident (green card) status. Both types of administrative immigration adjudication, removal and benefits, are in crisis. This article explores the challenges facing each and argues …
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley
Societies Without Borders
Police-ICE interoperability, known colloquially by immigrant rights actors as PoliMigra, is the cooperation of state and local law enforcement with federal immigration authorities to enforce federal immigration law. Hailed by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and state and local authorities as a “common sense” approach to immigration enforcement, such collaboration is asserted to aid authorities in identifying and apprehending potential or proven threats to the nation. In contrast, immigrant rights actors argue that the blurring of lines between local police and federal immigration agents ultimately produces vulnerability for communities, both immigrant and native-born. In …
Reforming The Immigration Courts Of The United States: Why Is There No Will To Make It An Article I Court?, Leonard Birdsong
Reforming The Immigration Courts Of The United States: Why Is There No Will To Make It An Article I Court?, Leonard Birdsong
Barry Law Review
This article strongly reaffirms the author's support for the use of asylum as a way of providing justice for those fleeing persecution from other countries. Additionally, this article was written to help educate those interested in asylum law by providing some history and background on asylum. Part II of the article briefly discusses the history of asylum; enumerates the eligibility requirements for asylum; describes court proceedings in asylum cases; recounts recent statistics on grants of asylum; and also includes a brief history of our immigration courts. Part III examines the six significant problem areas our immigration courts have wrestled with …
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
ILSA Journal of International & Comparative Law
In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.
Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio
Deferred Action For Childhood Arrivals: Why Granting Driver’S Licenses To Daca Beneficiaries Makes Constitutional And Political Sense, Kari E. D'Ottavio
Maryland Law Review
No abstract provided.
On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd
On Behalf Of An Ungrateful Nation: Military Naturalization, Aggravated Felonies And The Good Moral Character Requirement., B. Ryan Byrd
The Scholar: St. Mary's Law Review on Race and Social Justice
In the United States military, it is an aggravated felony for naturalization purposes to fraudulently enlist in the military and alter identity documents. This denotation under these circumstances does not require violence, the use of a weapon, or a formal conviction in a court of law. Acts with this designation are statutory permanent bars to citizenship because their presence in an applicant’s record prevents a finding of good moral character, one of the requirements for naturalization. Alternatively, the presence of prior crimes in a legal permanent resident’s background are not serious enough to prevent enlistment in the military. Over 31,000 …
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
University of Maryland Law Journal of Race, Religion, Gender and Class
"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
You Can’T Go Home Again: Analyzing An Asylum Applicant’S Voluntary Return Trip To His Country Of Origin, Brett C. Rowan
Catholic University Law Review
No abstract provided.
Enforcing Masculinities At The Borders, Jamie R. Abrams
Enforcing Masculinities At The Borders, Jamie R. Abrams
Nevada Law Journal
No abstract provided.