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Articles 91 - 120 of 172
Full-Text Articles in Immigration Law
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
Professional Responsibility In Immigration Practice And Government Service, Robert G. Heiserman, Linda K. Pacun
San Diego Law Review
This Article examines the various mechanisms for assuring professional responsibility in immigrations practice and related government service. The author discusses the authority of the courts, the Immigration and Naturalization Service, and the states that discipline individual practitioners whose conduct violates ethical standards. The author further examines some of the ethical problems that frequently arise in immigration practice and describes the types of sanctions imposed. The author concludes by detailing the various standards of professional responsibility that regulate the conduct of government employees.
Alien Rights And Government Authority: An Examination Of The Conflicting Views Of The Ninth Circuit Court Of Appeals And The United States Supreme Court, Sana Loue
San Diego Law Review
This Article examines the conflicting decisions of the Ninth Circuit Court of Appeals for the Ninth Circuit and the United States Supreme Court in the area of immigration and nationality law. The author examines the decisions of both courts, the precedents culminating in these conflicting decisions, and the views of these courts of their proper role in this area of law. The author argues that despite cautioning the Ninth Circuit to refrain from legislating law judicially, the Supreme Court has itself been an activist court that has allocated greater power to the federal government at the expense of individual rights, …
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
Streamlining Deportation Proceedings: Self-Incrimination, Immunity From Prosecution And The Duty To Testify In A Deportation Context, Henry G. Watkins
San Diego Law Review
This Article examines several recent legislative proposals to streamline deportation proceedings and outlines a non-legislative proposal to streamline many deportation cases. The author addresses, in the deportation context, the invocation of the right against self-incrimination and offers a proposal to grant immunity from prosecution to persons in deportation proceedings, thus triggering the "duty to testify." The author argues that this proposal will eliminate many of the evidentiary and procedural problems now common in deportation proceedings and will result in a savings of time and resources.
Significant Developments In The Immigration Laws Of The United States 1983-1984, Margaret O'B. Scott
Significant Developments In The Immigration Laws Of The United States 1983-1984, Margaret O'B. Scott
San Diego Law Review
This Synopsis outlines significant developments in immigration law from July 1983 through December 1984. The Supreme Court was very active in the area of immigration law during this period. In particular, the Court addressed important issues of asylum, suspension of deportation, and fourth amendment seizures. The lower courts focused on similar fundamental immigration issues that are of mounting concern in the United States. Failure to pass the Simpson-Mazzoli bill reflected congressional discord in the area of immigration reform.
From Mezei To Jean: Toward The Exit Of The Entry Doctrine, Joseph M. Cooper
From Mezei To Jean: Toward The Exit Of The Entry Doctrine, Joseph M. Cooper
San Diego Law Review
This Comment examines the issues of whether non-entrant aliens possess rights under the Fifth Amendment to the Constitution. The author reviews the legal developments surrounding the admission of aliens and analyzes the doctrinal underpinning of the governmental power to exclude aliens. The author then examines the delegation of discretionary power to the executive branch under the Immigration and Naturalization Act and argues that this delegation of power runs afoul of Constitutional limitations. The author examines the recent decision in Jean v. Nelson and analyzes how the court could have reached a more just result. The author concludes that the traditional …
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
The Problem With General Utilites: Are There Solutions, Dennis J. Doucette
San Diego Law Review
This Comment examines the discussion surrounding the General Utilities doctrine, which states, with certain exceptions, that a corporation does not recognize gain upon distribution of appreciated assets. The author examines corporate tax law, and the development of the General Utilities doctrine and the problems associated with its application and usage. The author examines the various arguments for repeal of the General Utilities doctrine and discusses potential solutions to the General Utilities problem, including complete repeal of the doctrine, implementation of a flat tax and integration of the personal and corporate income tax systems.
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
Community Reimbursement For A Professional Degree Upon Dissolution, Susan C. Peshel
San Diego Law Review
This Comment examines the recent amendments to the California Civil Code, which require that, at divorce, that the community be reimbursed for the costs of an education of training acquired during marriage. The author examines these new code provisions in relation to prior California case law, contrasts these provisions with responses taken by other states with respect to this issue, and examines the legislative history surrounding the passage of these provisions. The author then discusses the practical implications of the amendments, and examines the interrelationship of this reimbursement remedy with the California community property system.
The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney
The Right Of The Alien To Be Informed Of Deportation Consequences Before Entering A Plea Of Guilty Or Nolo Contendere, David M. Mckinney
San Diego Law Review
This Comment examines the use of guilty pleas by alien defendants. The author suggests that, while the Immigration and Nationality Act provides for deportation of aliens convicted of specified crimes, alien defendants frequently offer guilty pleas unaware or misinformed that they thereby subject themselves to potential deportation. The author argues that, traditionally, courts have not had to inform defendants of deportation consequences, but that deportation can be devastating to the alien and his family. The author concludes that a plea is not fully voluntary if offered unaware of such serious implications, and that courts should be required to inform alien …
The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte
The National Labor Relations Act And Undocumented Workers: The De-Alienation Of American Labor, Jose A. Bracamonte
San Diego Law Review
This Article examines the legal status and rights of undocumented workers under the National Labor Relations Act (NLRA). The author analyzes legislative policy and judicial decisions dealing with aliens and concludes that undocumented workers are within the coverage of the NLRA. He then addresses the question of a possible contradiction between federal labor and immigration law, but concludes that the two bodies of law are in accord. Even if such a contradiction antinomy exists, the author argues that the principles of accommodation support protection of undocumented aliens under the NLRA. The author concludes by addressing the complicated problems involved in …
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
Immigration Law Reform: Proposals In The 98th Congress, William French Smith
San Diego Law Review
This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.
Foreword: Immigration & Nationality, James J. Orlow
Foreword: Immigration & Nationality, James J. Orlow
San Diego Law Review
My thesis is that, if the disposition of benefits is to be dependent upon a procedural system, then efforts must be taken to make that procedural system as fair as possible, although it is essentially irrelevant to do political work with judicial means when the substantive lawmaking has been delegated to the law enforcement agencies themselves. The Remedy to that fault may lie in the now reorganized Executive Office of Immigration Review.
Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards
Political Asylum And Withholding Of Deportation: Defining The Appropriate Standard Of Proof Under The Refugee Act Of 1980, Cheryl L. Edwards
San Diego Law Review
This Comment analyzes the different interpretations of the "well-founded fear of persecution" standard for determining when an alien is eligible for political asylum in the United States, as established in the Refugee Act of 1980. The author suggests that correct interpretation of the new standard has recently been the subject of dispute between the Immigration and Naturalization Service and the United States courts of appeals. The author examines the various interpretations and suggests a different interpretation of this standard based on the legislative history of the Act and the recommendations of the United Nations.
Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt
Domicile For Immigration And Federal Gift And Estate Tax Purposes--Is A Harmonious Rule Possible, Leon Wildes, David Grunblatt
San Diego Law Review
This Article explores the question of when does a nonimmigrant alien establish a United States domicile and, thus, a residence subjecting him to estate and gift tax. The authors argue that the case law, in both the tax and immigration fields, gives only a partial answer to that question, and identifies only the G-4 visa holder as capable of establishing a domicile, but fail to include other categories. The authors recommend that regulations be promulgated to delineate whether and under what circumstances each category of nonimmigrant aliens may, if at all, establish a United States domicile.
A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue
A Child Is A Child - Or Is It? Legitimation Under Foreign Law And Its Immigration Consequences, Sana Loue
San Diego Law Review
This Article analyzes the criteria established by the courts and the Immigration and Naturalization Service for determination of preference classification as a legitimated child where the legitimation occurs outside the United States. The author provides a comprehensive index of Board of Immigration Appeals decisions relating to legitimation under the laws of other counties, and concludes that a statutory amendment and the promulgation of additional regulations would resolve present inconsistencies and better effectuate the original purpose of existing immigration legislation.
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin
San Diego Law Review
This synopsis outlines significant developments in immigration law from July 1982 through July 1983.
"Entry" As An Issue In Immigration Law, Julie A. Jones
"Entry" As An Issue In Immigration Law, Julie A. Jones
San Diego Law Review
This Comment addresses the issues surrounding whether an alien had made an "entry" for purposes of determining the right of an alien to remain in the United States. The author argues that the term means much more than simply being physically present in the country and its implications are profound. The author examines the elements of the statutory definition of "entry," articulated in Section 101(a)(13) of the Immigration and Nationality Act, and surveys the various interpretations thereof by federal courts and the Board of Immigration Appeals.
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
Motions Practice Before The Board Of Immigration Appeals, Gerald S. Hurwitz
San Diego Law Review
This Article addresses the area of motions practice before the Board of Immigration Appeals, arguing that it is often a complex procedural maze for immigration attorneys. The author examines the intricacies of this procedure, focusing on motions to reopen, motion to reconsider, motions to remand, and motions for stays of deportation. He further examines the often contested issues of the prima facia case, particularly in the context of motions to reopen. In this discussion, the author, an appellate trial lawyer for the Immigration and Naturalization Service, stresses the practical aspects of motions practice in this area.
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind
San Diego Law Review
This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at …
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue
San Diego Law Review
This Article examines the United States Supreme Court's holding in INS v. Wang. The author argues that the decision severely limited judicial review of administrative decisions of suspension of deportation. She explores the factors considered by adjudicative bodies in ruling on extreme hardship and motions to reopen suspension proceedings, and examines the nature of the "extreme hardship" requirements in light of the holding in Wang. The author concludes that guidelines must be established which will aid in defining the term "extreme hardship" and establish a single evidentiary standard necessary to support this claim.
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg
San Diego Law Review
This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …
Foreword, Alan K. Simpson
Foreword, Alan K. Simpson
San Diego Law Review
Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing
San Diego Law Review
This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.
San Diego Law Review
This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye
San Diego Law Review
This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.
The International Entertainer Under United States Immigration Law, Charles C. Foster
The International Entertainer Under United States Immigration Law, Charles C. Foster
San Diego Law Review
This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English
San Diego Law Review
This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.
In Defense Of The Permanent Resident: Alleged Defects Relating To Alien Labor Certifications, Richard D. Steel
In Defense Of The Permanent Resident: Alleged Defects Relating To Alien Labor Certifications, Richard D. Steel
San Diego Law Review
This Article addresses the defense of permanent resident aliens whose status is being challenged due to alleged defects or ineligibility surrounding the original labor certification process. These issues include such matters as not reporting to the sponsoring employer, terminating employment with the sponsor shortly after immigrating, not having the claimed or required experience, not being paid the required wage, or not having a validly issued alien labor certification. The analysis pf these issues and the possible defenses available vary depending on the procedural context in which the issue was raised. The article discusses these various factual patterns and possible defenses …
Foreword, Edward M. Kennedy
Foreword, Edward M. Kennedy
San Diego Law Review
The Articles in this issue of the San Diego Law Review represent an important contribution to the effort to strengthen our refugee and asylum laws. Through the Review's continuing attention to refugee and immigration issues, it is providing a unique forum for all who are concerned over our Nation's ability to respond to international migration and refugee problems. These problems pose important foreign policy issues for the United States and the international community. We know from recent history that massive movements of people can unbalance peace and stability. We know they can be a threat to peace as much as …
The Forty Year Crisis: A Legislative History Of The Refugee Act Of 1980, Deborah E. Anker, Michael H. Posner
The Forty Year Crisis: A Legislative History Of The Refugee Act Of 1980, Deborah E. Anker, Michael H. Posner
San Diego Law Review
This Article analyzes the legal responses of the United States to issues of refugee and asylum policy in the post-World War II period that culminates in the enactment of the 1980 Refugee Act. The article describes the consensus for a humanitarian, nondiscriminatory policy that led to the passage of the Refugee Act. This legislative history demonstrates the effort to develop a coherent and flexible refugee admission policy and to create statutory mechanisms to mediate the conflict between the executive and legislative branches over the control and standards for refugee admissions. The article evaluates the implementation of the Refugee Act, proposals …
Restructuring The Asylum Process, Ira J. Kurzban
Restructuring The Asylum Process, Ira J. Kurzban
San Diego Law Review
This Article critically analyzes present and proposed asylum procedures. The article focuses on three significant problems in the asylum process: (1) Structural defects within both the INS and the State Dept. Bureau of Human Rights and Humanitarian Affairs ("BHRHA"); (2) the conflict between the bureaucratic goals of the INS and legal norms; and (3) the maintenance of a foreign policy contrary to eliminating asylum flight. The article proposes significant changes in the asylum process, which would meet the organizational objectives of the INS while protecting asylum applicants from the erroneous denial of their claims. The article further proposes the elimination …