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Full-Text Articles in Immigration Law

Profiles Of Asian American Subgroups In Massachusetts: Filipino Americans In Massachusetts, Richard Chu Feb 2007

Profiles Of Asian American Subgroups In Massachusetts: Filipino Americans In Massachusetts, Richard Chu

Institute for Asian American Studies Publications

The study of Filipino Americans in the United States is both fascinating and important. It is fascinating because, as with most Asian American subgroups, Filipino Americans are highly diverse, displaying a rich contour of socioeconomic and cultural backgrounds. It is important because they come from a country that was the only major colony of the U.S. in the Pacific. As a consequence of this historical relationship, Filipino Americans now rank as the second most populous Asian American subgroup, and 2006 marked the centennial of the first significant group of contract laborers to be sent to Hawai’i. Despite the important roles …


New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth Feb 2007

New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth

Washington Law Review

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a one-year filing deadline on all applications for asylum. Under this law, an alien applying for asylum bears the burden of showing that he or she applied for asylum within one year of arrival into the United States. The word "arrival" is not defined in immigration law, but the Second Circuit recently held that not every border crossing into the country is an "arrival" for purposes of the asylum filing deadline. The court's reasoning was reminiscent of the U.S. Supreme Court's 1963 decision in Rosenberg v. Fleuti, …


New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth Feb 2007

New Word, Same Problems: Entry, Arrival, And The One-Year Deadline For Asylum Seekers, Joanna R. Mareth

Washington Law Review

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a one-year filing deadline on all applications for asylum. Under this law, an alien applying for asylum bears the burden of showing that he or she applied for asylum within one year of arrival into the United States. The word "arrival" is not defined in immigration law, but the Second Circuit recently held that not every border crossing into the country is an "arrival" for purposes of the asylum filing deadline. The court's reasoning was reminiscent of the U.S. Supreme Court's 1963 decision in Rosenberg v. Fleuti, …


Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney Jan 2007

Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney

Immigration Clinic

No abstract provided.


The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin Jan 2007

The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin

ExpressO

This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.


Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch Jan 2007

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo Jan 2007

Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo

Law Faculty Publications

No abstract provided.


Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes Jan 2007

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel Jan 2007

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Welcome To Hazelton! "Illegal" Immigrants Beware: Local Immigration Ordinances And What The Federal Government Must Do About It, Karla Mari Mckanders Jan 2007

Welcome To Hazelton! "Illegal" Immigrants Beware: Local Immigration Ordinances And What The Federal Government Must Do About It, Karla Mari Mckanders

Loyola University Chicago Law Journal

No abstract provided.


Introduction: The Subordination And Anti-Subordination Story Of The U.S. Immigrant Experience In The 21st Century, Raquel Aldana Jan 2007

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

McGeorge School of Law Scholarly Articles

No abstract provided.


Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel Jan 2007

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.


Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott Jan 2007

Employers On The Fence: A Guide To The Immigratory Workplace, Natalie Prescott

Campbell Law Review

No abstract provided.


Being Careful What You Wish For: Divisible Statutes - Identifying A Non-Deportable Solution To A Non-Citizen's Criminal Problem, Michael Vastine Jan 2007

Being Careful What You Wish For: Divisible Statutes - Identifying A Non-Deportable Solution To A Non-Citizen's Criminal Problem, Michael Vastine

Campbell Law Review

This article addresses recent case examples involving convictions that, on their face, seemed to provide an adequate basis of deportability. Convictions under the criminal statutes addressed herein generally appear to encompass deportable offenses, but have been held to be insufficient to assure deportability. Therefore, these examples can serve as templates for analysis of other statutes.


Don't You Be My Neighbor: Restrictive Housing Ordinances As The New Jim Crow , Marisa Bono Jan 2007

Don't You Be My Neighbor: Restrictive Housing Ordinances As The New Jim Crow , Marisa Bono

The Modern American

No abstract provided.


Immigration Policy And Immigration Flows: A Comparative Analysis Of Immigration Law In The U.S. And Argentina , Adela De La Torre, Julia Mendoza Jan 2007

Immigration Policy And Immigration Flows: A Comparative Analysis Of Immigration Law In The U.S. And Argentina , Adela De La Torre, Julia Mendoza

The Modern American

No abstract provided.


All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd Jan 2007

All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd

The Modern American

No abstract provided.


The Persecutor Bar In U.S. Immigration Law: Toward A More Nuanced Understanding Of Modern "Persecution" In The Case Of Forced Abortion And Female Genital Cutting, Lori K. Walls Jan 2007

The Persecutor Bar In U.S. Immigration Law: Toward A More Nuanced Understanding Of Modern "Persecution" In The Case Of Forced Abortion And Female Genital Cutting, Lori K. Walls

Washington International Law Journal

Congress installed the persecutor bar to asylum seekers in the United States thirty years after the end of World War II to facilitate the deportation of Nazi war criminals. The persecutor bar’s legal evolution was rooted in part in the practical difficulties of prosecuting crimes committed in the distant past. The bar also is based on the notion, problematic in modern contexts, that persecution has a corollary persecutor. The persecutor bar does not map well to the messy political, cultural, and practical realities that give rise to modern “persecutors.” Ten years ago, for example, forces from opposite ends of the …


Panel Discussion And Commentary: What To Expect With Immigration Reform In The 110th Congress And The Implications For The Legal Community, Alan L. Button Jan 2007

Panel Discussion And Commentary: What To Expect With Immigration Reform In The 110th Congress And The Implications For The Legal Community, Alan L. Button

Campbell Law Review

No abstract provided.


Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams Jan 2007

Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams

Faculty Scholarship

No abstract provided.


Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, And Litigation Analysis, Kristina M. Campbell Jan 2007

Local Illegal Immigration Relief Act Ordinances: A Legal, Policy, And Litigation Analysis, Kristina M. Campbell

Journal Articles

Obtaining comprehensive immigration reform is one of the most important legal issues facing the Latino community today. For the nation, virtually every family, business, and community is touched by immigration. In 2006, when millions marched for comprehensive immigration reform, prospects for federal action increased. During the summer of 2006, as the U.S. House failed to move forward to complete legislative action, frustrations by anti-immigrant activists led to a small number of cities and towns attempting to enact restrictions and prohibitions against illegal immigrants at the local level. These measures violate the Constitution, and pit neighbor against neighbor. Immigration policy must …


Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo Jan 2007

Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo

Faculty Scholarship

No abstract provided.


Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo Jan 2007

Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo

Faculty Scholarship

No abstract provided.


The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan Jan 2007

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.


Courts Vs. The Political Branches: Immigration "Reform" And The Battle For The Future Of Immigration Law, Brian G. Slocum Jan 2007

Courts Vs. The Political Branches: Immigration "Reform" And The Battle For The Future Of Immigration Law, Brian G. Slocum

McGeorge School of Law Scholarly Articles

No abstract provided.


Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney Jan 2007

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …


Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr. Jan 2007

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.

St. Mary's Law Journal

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …


Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo Jan 2007

Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo

St. Mary's Law Journal

There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …


Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer Jan 2007

Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer

St. Mary's Law Journal

Abstract Forthcoming.


The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan Jan 2007

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

Articles

The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …