Immigration Law Commons^™

Marrying Up: The Unsettled Law Of Immigration Marriage Fraud And The Need For Uniform Statutory Guidelines, Michael Virga

St. John's Law Review

(Excerpt)

This Note argues that courts should interpret § 1325(c) as applicable to anyone who enters a marriage with any intent of evading immigration laws, regardless of any other underlying motivations. Part I examines the motivations for and prevalence of immigration marriage fraud, as well as the historical context in which the statute in question was drafted. Part II analyzes the unsettled landscape of § 1325(c)'s interpretation and application, in addition to the competing arguments for the respective tests. Part III argues for the universal adoption of the Evade the Law standard, premised on the need for plain meaning statutory …

Suspicious Suspect Classes - Are Nonimmigrants Entitled To Strict Scrutiny Review Under The Equal Protection Clause?: An Analysis Of Dandamudi And Leclerc, John Harras

St. John's Law Review

(Excerpt)

Part I of this Note provides the background necessary to understand the different alienage classifications, equal protection jurisprudence, and the confusion in the Supreme Court's alienage equal protection precedent. Part II describes the differences of opinion among the circuit courts on the application of the Equal Protection Clause to nonimmigrants. Part III argues, in greater detail, that nonimmigrants are not a suspect class for the reasons stated above.

Let Ghosts Be Ghosts, Toni L. Mincieli

St. John's Law Review

(Excerpt)

Part I of this Note discusses the rise of pro se status in civil matters, specifically in immigration proceedings, and how courts and the legal community have responded with limited scope representation, including ghostwriting. Part II discusses in detail the controversy surrounding ghostwriting. It also illustrates how ghostwriting is, fortunately, beginning to gain acceptance. Lastly, Part III urges the acceptance of ghostwriting in immigration proceedings. It explains why ghostwriting is essential to immigrants and how the arguments put forth against the practice are not applicable to immigration proceedings.

"Membership In A Particular Social Group": Why United States Courts Should Adopt The Disjunctive Approach Of The United Nations High Commissioner For Refugees, Hannah Mccuiston

St. John's Law Review

(Excerpt)

This Note calls for the adoption of the Guidelines on International Protection of the UNHCR in defining "membership in a particular social group" under the Refugee Act of 1980. Part I discusses the United States' obligations under the Convention and Protocol, and the process by which these obligations were incorporated into domestic law with the enactment of the Refugee Act of 1980. Part I also demonstrates how deviation from the United States' international obligations led to the circuit split. Part II outlines the views adopted by circuits on both sides of the split. Part III asserts that circuit courts …

Single, Young Female - Seeking Asylum: The Struggles Victims Of Sex Trafficking Face Under Current United States Refugee Law, Diana Squillante

St. John's Law Review

(Excerpt)

This Note argues that the IJ, the BIA, and the circuit courts got it wrong. The courts reject creating a category representing young women in fear of being forced into prostitution because they feel it is too broad and does not establish a common characteristic. However, due to the courts' analyses' inconsistencies with the initiatives of the United Nations ("UN") and the United States to prevent and put an end to sex trafficking, a new analysis should be conducted to fulfill this goal.

Crimes Involving Moral Turpitude: In Search Of A Moral Approach To Immoral Crimes, Patrick J. Campbell

St. John's Law Review

(Excerpt)

This Note seeks to demonstrate that the term "moral turpitude" is sufficiently ambiguous to warrant judicial deference to the Attorney General's opinion in Silva-Trevino. Part I explains the origins of "crimes involving moral turpitude" as grounds for removal and inadmissibility, and how courts have historically defined which crimes fit within this category. Even though courts do not dispute the general definition of moral turpitude, this Note explains how legislation that centers on subjective issues like morality is inherently ambiguous. Part II explains the shortfalls of the approach derived from case law prior to Silva-Trevino, largely because of …

Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell

St. John's Law Review

(Excerpt)

Part I traces the historical roots of the relationship between local police and federal immigration authorities, beginning with the changes in enforcement strategy precipitated by the September 11, 2001 attacks and leading up to the launch of S-Comm. The federal government's increased reliance on local police to supplement its internal enforcement efforts has raised several Tenth Amendment concerns as the states struggle to define the proper scope of their "inherent authority" to act in immigration matters, with officials in some so-called sanctuary cities insisting that their inherent authority to enforce federal immigration law is commensurate with the sovereign right …

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.

Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets

Annual Interdisciplinary Conference on Human Trafficking: 7th (2015)

Human trafficking has become an issue for global concern. Here in the United States, the Federal government and all fifty states are taking steps to combat the pervasive problem. This study looks at the anti-human trafficking statutes of all fifty states and compares them with each other to see how each state stacks up against the other. Nebraska was the focus of the study as the unicameral has recently been enacting changes to the state’s laws against human trafficking. Nebraska was expected to at least be with the majority of states with their human trafficking provisions. The study then looked …

Regional Protection Of The Right To A Nationality, Jonathan Bialosky

Cardozo Journal of International and Comparative Law

The article argues that the concept of nationality, traditionally within the discretion of sovereign states, has evolved into a fundamental human right protected by international and regional human rights bodies. These bodies have developed robust jurisprudence to limit state discretion, emphasizing the importance of nationality for the enjoyment of other rights and advocating for procedural safeguards against arbitrary deprivation or denial of nationality.

Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Choice As Political Opinion: Women's Reproductive Healthcare As A Viable Ground For Asylum Protection, Andrew Christoffel

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta

Independent Study Project (ISP) Collection

Morocco’s border with the Spanish enclaves of Ceuta and Melilla has brought the country into direct relations with the European Union (EU) on the issues of border control and migration. In response to the growing human rights violations towards migrants and refugees enumerated in the Conseil Nationale des Droits de l’Homme’s (CNDH) 2013 report, King Muhammad VI passed a migratory policy that emphasized preservation of human rights within Morocco’s borders. This study examines the effects of Morocco’s relationship with the EU on the implementation of the human-rights aspects of Morocco’s 2013 migratory policy. Using the semi-structured interview approach, I will …

Deferred Action: Considering What Is Lost, Elizabeth Keyes

All Faculty Scholarship

This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …

Trending @ Rwulaw: Deborah Gonzalez's Post: Reaching The American Dream -- With An Rwu Law Team!, Deborah Gonzalez

Law School Blogs

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.

Plenary Power Is Dead! Long Live Plenary Power, Michael Kagan

Michigan Law Review First Impressions

For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have reaffirmed plenary power. Instead, the Court produced a splintered decision that did neither. This Essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …

Integrating Skills And Collaborating Across Law Schools : An Example From Immigration Law, Jennifer Lee Koh, Anna Welch

Nevada Law Journal

No abstract provided.

No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian

Georgia Journal of International & Comparative Law

No abstract provided.

Trending @ Rwulaw: Lorraine Lalli's Post: Coming Home, Lorraine Lalli

Law School Blogs

No abstract provided.

Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik

Media Presence

No abstract provided.

Desta V. Knesset, Miriam Naor, Salim Joubran, Esther Hayut, Yoram Danziger, Zvi Zylbertal, Uzi Vogelman, Isaac Amit, Hanan Melcer, Neal Hendel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The petition challenged the constitutionality of sec. 30A and Chapter D of the Prevention of Infiltration (Offences and Jurisdiction) Law, 5714-1954 (hereinafter: the Law) as amended by the Prevention of Infiltration and Ensuring Departure of Infiltrators from Israel (Legislative Amendments and Temporary Provisions) Law, 5775-2014, which establish that infiltrators into Israel can be detained in custody for a period of up to three months, …

Holding The Line: Customs And Border Protection's Expansion Of The Border Search Exception And The Ensuing Destruction Of Interior Fourth Amendment Rights, Hannah Robbins

Cardozo Law Review

No abstract provided.

Newsroom: Hassel On Qualified Immunity, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

The Fourth Amendment: In Search Of Illegal Aliens Immigration And Naturalization Service V. Delgado, Cristina A. Navarro

Akron Law Review

Throughout the nation's history, illegal immigration has generated considerable debate. Particularly important is the problem of illegal immigration from Mexico. The importance is due to the potential impact on Mexico/United States relations, and the sheer numbers involved. Many people believe that immigrants are primarily responsible for the United State's economic problems. As a result, much attention is being focused on the immigration issue. In order to combat illegal immigration the trend is to toughen up immigration policies and extend the authority of the Immigration and Naturalization Service (INS). One way INS authority is exercised is through "area control operations" known …

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.

Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino

Akron Law Review

It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …