Immigration Law Commons^™

Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil

ExpressO

Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …

Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family

ExpressO

This article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court …

Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas

UIC Law Review

No abstract provided.

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …

The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen

University of Michigan Journal of Law Reform

For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however. …

Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson

Articles & Chapters

No abstract provided.

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

Discretionary Adjudicatory Rulemaking: Due Process Of Lawmaking And Immigration Law, 11 Geo. Immigr. L.J. 83 (1996), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Single-Scheme Exception To Criminal Deportations And The Case For Chevron's Step Two, David A. Luigs

Michigan Law Review

This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.

Judicial Review Of Discretionary Immigration Decisionmaking, 31 San Diego L. Rev. 861 (1994), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

The Immigration and Nationality Act vests enormous discretion in the Attorney General and her subordinates, a discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article will explore the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. It will demonstrate the "disintegration" of administrative law and the failure of its general precepts to accommodate immigration issues. Next, it will trace the development of faulty doctrine through case law, resulting in a terribly stunted judicial …

Chadha, Abner J. Mikva

Michigan Law Review

A Review of Chadha by Barbara Hinkson Craig

Alfred Snapp & Son, Inc. V. Puerto Rico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.

Adminsitrative Law - Does An Alien's State Narcotics Conviction Subject Him To Mandatory Deportation Under Section 241(A)(11) Of The Immigration And Nationality Act If His Conviction Has Been Set Aside Pursuant To A State Procedure, Robert E. Greshes

Villanova Law Review (1956 - )

No abstract provided.

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

Federal Jurisdiction And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Menace Of Administrative Law (1920), John Lord O'Brian

Buffalo Law Review

Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY

2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION

3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT

4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION

5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS

6. …

Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg

Buffalo Law Review

Kleindienst v. Mandel, 408 U.S. 753 (1972).

International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog

Vanderbilt Law Review

The local remedies rule is usually considered a device to accommodate the legitimate desire of states to preserve their own sovereignty with the equally legitimate desire of states to protect their nationals who have suffered injury abroad. It is obvious that the adequacy of the rule in serving the second of these ends will depend on the nature and quality of the local remedies available. In turn, the effectiveness of local remedies in protecting the rights of aliens will depend on a variety of factors. Most importantly, there is the adequacy of the substantive legal rights in the fields of …

Administrative Versus Judicial Determinations Of Citizenship: Some Problems In The Administration Of Section 360 Of The Immigration And Nationality Act

Indiana Law Journal

No abstract provided.

Book Reviews, Vern Countryman, Maurice H. Merrill, Nathan P. Feinsinger, Heinrich Kronstein, Caroll W. Weathers, Walter O. Weyrauch, Harry N. Rosenfield

Journal of Legal Education

No abstract provided.

Federal Power To Regulate Immigration And Judicial Review Of Administrative Orders, Filindo B. Masino

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments In The Deportation Process, Reuben Oppenheimer

Michigan Law Review

The process under which the United States, through the Department of Labor, deports aliens found to be unlawfully in this country is one of the oldest in American administrative law. It is also one of the most interesting, for this process deals almost entirely with persons as contrasted with property, and its development has been largely unimpeded by court decisions.

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.