Immigration Law Commons^™

Enforcing Masculinities At The Borders, Jamie R. Abrams

Nevada Law Journal

No abstract provided.

Importing The Flawless Girl, Kit Johnson

Nevada Law Journal

No abstract provided.

Ten Years After Hoffman Plastic Compounds, Inc. V. Nlrb: The Power Of A Labor Law Symbol, Ruben J. Garcia

Scholarly Works

No abstract provided.

Regrouping America: Immigration Policies And The Reduction Of Prejudice, Fatma Marouf

Scholarly Works

No abstract provided.

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo

Scholarly Works

The Aristotelian philosopher, Gene Garver, suggests that rhetorical claims have an "ethical surplus" that extends beyond the specific claim being advanced at the moment. This follows from the fact that rhetoric includes not only logos, but also pathos and ethos. We adopt the thesis of "ethical surplus," but in a negative context. The "war on illegal immigration" has generated an ethical surplus that leads its promoters beyond the specific claim of securing borders against unlawful entry. After demonstrating that there is an express rhetoric of "war" used in connection with Arizona's adoption of recent anti-immigrant legislation, we explore …

The Hunt For Noncitizen Voters, Fatma E. Marouf

Scholarly Works

No abstract provided.

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.

The Plus One Policy: An Autonomous Model Of Family Reunification, Jessica Feinberg

Nevada Law Journal

No abstract provided.

We Live In A Country Of Unhcr: The Un Surrogate State And Refugee Policy In The Middle East, Michael Kagan

Scholarly Works

Many gaps in the protection of refugees can be connected to a de facto transfer of responsibility for managing refugee policy from sovereign states to United Nations agencies. This phenomenon can be seen in dozens of countries in the Middle East, Africa and Asia, where the UN High Commissioner for Refugees (UNHCR) or the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) manage refugee camps, register newly arrived asylum-seekers, carry out refugee status determination, and administer education, health, livelihood and other social welfare programs.

In carrying out these functions, the UN acts to a great …

The "Illegal" Tax, Francine J. Lipman

Scholarly Works

No abstract provided.

Implicit Bias And Immigration Courts, Fatma Marouf

Scholarly Works

This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit "old-fashioned" prejudice to more subtle forms of "modem" and "aversive" prejudice, the Article argues that the specific conditions under which immigration judges decide cases render them especially prone to the influence of implicit bias. Specifically, it examines how factors such as immigration judges' lack of independence, limited opportunity for deliberate thinking, low motivation, and the low risk of judicial review all allow implicit bias to drive decisionmaking. The Article then recommends certain reforms, both simple and complex, …

Boyd Law's Thomas & Mack Clinic Scores Important Ninth Circuit Victory, Anne R. Traum

Scholarly Works

No abstract provided.

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …

Refugee Credibility Assessment And The “Religious Imposter” Problem, Michael Kagan

Scholarly Works

Credibility assessment in refugee status determination (RSD) poses unique challenges when the outcome of asylum applications turns on the question of whether an asylum seeker is actually a member of a persecuted religious minority. These cases require secular adjudicators to delve into matters of religious identity and faith that are, by their nature, subjective and beyond the realm of objective analysis. This Article explores practical means of addressing this challenge through a case study of the RSD interviews of Eritrean asylum seekers in Egypt who based their refugee claims on Pentecostal religious associations. Analysis of the interview methods used in …

The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis

Nevada Law Journal

In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.

This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …

The Emerging Importance Of "Social Visibility" In Defining A Particular Social Group And Its Potential Impact On Asylum Claims Related To Sexual Orientation And Gender, Fatma E. Marouf

Scholarly Works

An emerging issue in U.S. asylum claims based on "membership in a particular social group" is the relevance of social visibility in determining whether such a group exists. Of the five protected grounds for asylum, "membership in a particular social group" has always generated the most debate. In 2002, the United Nations High Commissioner for Refugees (UNHCR) issued guidelines that present the "protected characteristic" and "social perception" approaches as alternative ways of establishing a particular social group, instructing States Parties to the 1951 Refugee Convention (the "Convention") to determine first if there is a protected characteristic and, only if no …

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

No abstract provided.

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.

Emerging Latina/O Nation And Anti-Immigrant Backlash, Sylvia R. Lazos

Nevada Law Journal

No abstract provided.

Introduction: The Subordination And Anti-Subordination Story Of The U.S. Immigrant Experience In The 21st Century, Raquel E. Aldana

Nevada Law Journal

No abstract provided.

Bearing Witness To Economic Injustices Of Undocumented Immigrant Families: A New Class Of "Undeserving" Poor, Francine J. Lipman

Nevada Law Journal

No abstract provided.

The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos

Nevada Law Journal

No abstract provided.

Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa Silenzi Cianciarulo

Nevada Law Journal

No abstract provided.

Be Careful What You Ask For: Educación Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez

Nevada Law Journal

No abstract provided.

Introduction: Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender

Nevada Law Journal

No abstract provided.

The Democratic Right To Full Bilingual Education, Thomas Kleven

Nevada Law Journal

No abstract provided.

The Less Than Fair Employment Practice Of An English-Only Rule In The Workplace, L. Darnell Weeden

Nevada Law Journal

No abstract provided.

The Race Question In Latcrit Theory And Asian American Jurisprudence, Robert S. Chang, Neil Gotanda

Nevada Law Journal

No abstract provided.

The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

Nevada Law Journal

No abstract provided.