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Articles 1 - 30 of 100
Full-Text Articles in Immigration Law
Interesting Intersections Of Immigration And First Amendment Law, David L. Hudson Jr., Maximiliano Gluzman
Interesting Intersections Of Immigration And First Amendment Law, David L. Hudson Jr., Maximiliano Gluzman
Law Faculty Scholarship
This article examines the complex and evolving intersections between immigration law and the First Amendment, identifying four doctrinal areas in which free speech claims arise prominently. First, it analyzes historical and contemporary grounds of inadmissibility and deportability based on speech, including ideological exclusions targeting anarchists and communists, and considers the continuing influence of the plenary power doctrine. Second, it explores retaliatory deportation claims, in which noncitizens allege that removal proceedings were initiated or accelerated in response to protected political advocacy, highlighting the chilling effects such actions may impose on core political speech. Third, the article evaluates constitutional challenges to federal …
Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies
Borderline Ambiguity: Major Questions And Immigration Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Another Look At The Concept Of Nation-State Borders In The Time Of Covid And Ukraine, John J. Chung
Another Look At The Concept Of Nation-State Borders In The Time Of Covid And Ukraine, John J. Chung
Law Faculty Scholarship
No abstract provided.
When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies
When Interpretive Communities Clash On Immigration Law: The Courts’ Mediating Role In Noncitizens’ Rights And Remedies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Parole In Place As A Solution For The Immigration Status Of Immediate Relatives Of U.S. Citizens, Maximiliano Gluzman
Parole In Place As A Solution For The Immigration Status Of Immediate Relatives Of U.S. Citizens, Maximiliano Gluzman
Law Faculty Scholarship
This Article examines the structural barriers that prevent many undocumented immigrants—particularly immediate relatives of U.S. citizens—from adjusting their immigration status under current U.S. immigration law. It focuses on the interaction between the Immigration and Nationality Act’s adjustment-of-status requirement that applicants be “inspected and admitted or paroled” and the unlawful presence provisions enacted by the Illegal Immigration Reform and Immigrant Responsibility Act. Together, these rules create a dilemma for many noncitizens who entered the United States without inspection but later become eligible for lawful permanent residence through family petitions: leaving the United States to pursue consular processing triggers the three- or …
Do Courts Have Jurisdiction To Consider Questions Of Fact To Determine Whether A Noncitizen Is Entitled To Eligibility For Discretionary Relief From Removal?, David L. Hudson Jr.
Do Courts Have Jurisdiction To Consider Questions Of Fact To Determine Whether A Noncitizen Is Entitled To Eligibility For Discretionary Relief From Removal?, David L. Hudson Jr.
Law Faculty Scholarship
This article previews Patel v. Garland, a United States Supreme Court case addressing the scope of federal court jurisdiction under 8 U.S.C. § 1252(a)(2)(B)(i), as amended by the REAL ID Act. The central question is whether federal courts retain jurisdiction to review nondiscretionary factual determinations underlying eligibility for discretionary relief from removal, or whether the statute’s bar on reviewing “any judgment” precludes judicial review of such threshold findings. The case arises from the denial of adjustment of status to Pankajkumar Patel, deemed inadmissible for allegedly falsely representing himself as a U.S. citizen on a driver’s license application. Both petitioner …
Biden’S Border Problem, And How To Fix It, Peter Margulies
Biden’S Border Problem, And How To Fix It, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Ninth Circuit Says President Trump Can Ban Immigrants Without "Approved" Health Insurance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Ruling Halts Restrictions In New Rule, Peter Margulies
Asylum Ruling Halts Restrictions In New Rule, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
The Libertarian Case For Immigration (And Against Trump), Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule, Peter Margulies
Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Immigration Update: Ninth Circuit Rules Against Trump Ban On Uninsured, Peter Margulies
Immigration Update: Ninth Circuit Rules Against Trump Ban On Uninsured, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Update: Ninth Circuit Deals Two Defeats To The Trump Administration, Peter Margulies
Asylum Update: Ninth Circuit Deals Two Defeats To The Trump Administration, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act, Peter Margulies
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Court Issues Preliminary Injunction Against President Trump’S Ban On Uninsured Immigrants, Peter Margulies
Court Issues Preliminary Injunction Against President Trump’S Ban On Uninsured Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.
New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies
New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies
Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies
Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies
President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies
Law Faculty Scholarship
No abstract provided.
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Stays Part Of Injunction Against Third Country Asylum Rule, Peter Margulies
Ninth Circuit Stays Part Of Injunction Against Third Country Asylum Rule, Peter Margulies
Law Faculty Scholarship
No abstract provided.
East Bay District Court Enjoins New Asylum Rule, Peter Margulies
East Bay District Court Enjoins New Asylum Rule, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies
The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies
Law Faculty Scholarship
No abstract provided.
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Slouching Towards Oblivion: Divergent Implementation And Potential Exodus Of Chevron Analysis In The Supreme Court's Interpretation Of Immigration Law, Amy L. Moore
Law Faculty Scholarship
In Slouching Towards Oblivion: Divergent Implementation and Potential Exodus of Chevron Analysis in the Supreme Court’s Interpretation of Immigration Law, Amy L. Moore examines the Supreme Court’s uneven application of Chevron deference in cases interpreting the Immigration and Nationality Act (INA). Mapping the Court’s immigration jurisprudence from 1984 through 2018, the Article documents a striking inconsistency: although the Court has repeatedly interpreted the INA, it has invoked Chevron in only a minority of those cases. Through a doctrinal survey of decisions such as Cardoza-Fonseca, Aguirre-Aguirre, and St. Cyr, the Article identifies recurring rationales for declining deference, …
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies
Law Faculty Scholarship
No abstract provided.