Immigration Law | Open Access Articles | Digital Commons Network™

A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney

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

No abstract provided.

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Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia

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

No abstract provided.

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Honor Killings And The Asylum Gender Gap, Valerie Plant

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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European Asylum Law: Race-To-The-Bottom Harmonization?, James D. Fry

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns

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

This paper reflects on issues surrounding the current debate about immigration reform, and explores failed policy choices over the past twenty years. It sets the stage first by providing a historical perspective, and noting how the events of 9/11 have inexorably changed the rhetoric and tone of the political and policy debates over immigration. It speculates about legislative choices and governmental inaction that have impeded past reform efforts and/or contributed to the current situation, thus undermining the rule of law; and observes that the undocumented immigrant population working and residing in this country today, which some lawmakers have labeled lawbreakers, …

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"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau

Fordham Urban Law Journal

This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …

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Violation Of Latino Civil Rights Resulting From Ins And Local Police's Use Of Race, Culture And Class Profiling: The Case Of The Chandler Roundup In Arizona, Mary Romero, Marwah Serag

Cleveland State Law Review

The case of the Chandler Roundup provides a unique window into law enforcement practices including the planning, staging and procedures employed in removing undocumented immigrants from a specific urban space. We begin with an overview of the Chandler Roundup and community protests resulting from the five-day immigration raid. This section provides a general outline of the five day raid, including incidents leading up to the joint operation, official investigations conducted and lawsuits filed. The basis of the lawsuits filed was that "individuals were stopped and interrogated by the Chandler Police Department based exclusively on the fact that their physical characteristics …

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The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In this report we (1) describe the BIA procedural reforms; (2) quantify the resulting increase in appeals from the BIA to the circuit courts of appeals with particular emphasis on the Second Circuit; (3) review the constitutional challenges to the BIA reforms, which have been uniformly rejected; (4) describe the administrative response of the Second Circuit to the BIA appeal surge; (5) assess the impact of the surge on the Second Circuit, and its other ramifications; and (6) offer our recommendations on how to deal with the surge going forward.

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Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana

Scholarly Works

Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …

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The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan

St. Mary's Law Journal

Often, the validity of a will is called into question in situations where the testator failed to execute the will in compliance with statutory formalities, although the intent to create a will was present. In Texas, harmless errors in the execution of a will are not excused, and the testator must comply with the statutory formalities set out in the Probate Code. Strict judicial adherence to statutory formalities leads to unjust results in situations where it is relatively clear that the testator intended to create a will but failed to comply with the execution requirements. The failure to comply with …

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Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece

St. Mary's Law Journal

This Comment will assess the split in Texas courts over the issue of collateral estoppel’s application in different motion to suppress hearings. By placing collateral estoppel within the confines of the Double Jeopardy Clause, federal law essentially extinguished one form of collateral estoppel and invented another form of the doctrine. Remnants of both forms are still alive, however, and Texas is one state in which both forms of collateral estoppel may be invoked in a criminal proceeding. Part II provides a historical analysis of the exclusionary rule, Double Jeopardy Clause, and collateral estoppel’s rise in criminal court. Part III addresses …

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Determining The Indeterminate Defect., J. Gregory Marks

St. Mary's Law Journal

Abstract Forthcoming.

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Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

Articles

Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

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Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.

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Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family

Cleveland State Law Review

By analyzing both the text of 8 U.S.C. § 1252(f)(1) and relevant Supreme Court precedent, this article attempts to decipher the meaning of § 1252(f)(1). If a federal court were to interpret § 1252(f)(1) to be a broad bar against class-wide injunctive relief, such an interpretation would raise constitutional concerns, as the Supreme Court has ruled that individual actions based on the administrative record of a single hearing are an ineffective means to challenge an immigration pattern or practice of the federal government. The analysis in this article leads to the conclusion that the text of § 1252(f)(1) does not, …

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Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

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Immigration: Mind Over Matter, Shoba S. Wadhia

Faculty Scholarship

This article examines the current field of debate and legislation on immigration reform and related due process issues. "Comprehensive Immigration Reform" is an expression in the immigration debate and embraces five tenets. First, reform addresses the eleven million people who are living in the United States without documentation and specifically provide them with an incentive to make themselves known to the government, register for some kind of work visa, and if they wish, get on the path to permanent residence. Second, reform embodies what lobbyists in Washington, D.C. call the "future flow," which corresponds to the flow of people who …

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Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson

Fordham Urban Law Journal

This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.

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Untied States: American Expansion And Territorial Deannexation, Christina Duffy Ponsa-Kraus

Faculty Scholarship

At the beginning of the twentieth century the United States laid claim to an overseas empire, consolidating its victory in the Spanish-American War by adopting novel structures of colonial rule over a brace of newly acquired island territories. A set of Supreme Court decisions known collectively as the Insular Cases established the legal authorization for this undertaking. As the traditional story goes, they did so by holding that the U.S. Constitution did not "follow the flag" to the recently annexed possessions in the Pacific Ocean and the Caribbean Sea: thus unfettered, an ambitiously imperial nation could attend to the business …

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"Aliens" In Our Midst Post-9/11: Legislating Outsiderness Within The Borders, Raquel Aldana, Sylvia R. Lazos Vargas

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …

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The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Mind The Gap: Expansion Of Texas Governmental Immunity Between Takings And Tort., Jadd F. Masso

St. Mary's Law Journal

In Jennings v. City of Dallas, the city’s wastewater collection division was dispatched to unstop a clogged sewer main but instead caused sewage to spew into the Jennings’ home with dramatic force, causing extensive damage. The Jennings subsequently filed suit against the city, alleging its actions constituted an unconstitutional taking, damaging, or destruction of their property for public use without adequate compensation in violation of Article I, § 17 of the Texas Constitution. The issue presented from the case was whether an individual citizen should be liable for such losses when the damage—as an incident to governmental action—in effect benefits …

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Much Ado About Nothing - Why Desert Palace Neither Murdered Mcdonnell Douglas Nor Transformed All Employment Discrimination Cases To Mixed-Motive Essay., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Abstract Forthcoming.

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Unintentional Franchising., Mark H. Miller

St. Mary's Law Journal

The focus of this Article is on honest businesses that do not realize they may be legally regulated as "franchisors" or "business opportunity sellers" and subject to potentially awful consequences due to noncompliance. This Article first discusses federal and other states' laws, then the Texas Business Opportunity Act (BOA), and finally, practical and litigation consequences.

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Good Cause In The Texas Rules Of Civil Procedure., Naomi Mccuistion

St. Mary's Law Journal

The Texas judiciary should give “good cause” a single meaning. Ambiguity exists concerning the phrase “good cause” amongst Texas courts. Three different standards of “good cause” currently exist in Texas including: the Stelly/Craddock standard, the Alvarado standard, and the Remington Arms standard. Under the Stelly/Craddock standard—if withdrawal of deemed admissions is requested—“good cause” is required showing the failure was unintentional as a result of an accident or mistake. Under the Alvarado standard—if the request is to offer testimony of a witness who was not timely identified—the court requires a more strict showing of “good cause” not satisfied by an attorney’s …

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Superseding Attorney's Fees And Pre-Judgment Interest After House Bill 4., Jonathan Yedor, Regina M. Uhl

St. Mary's Law Journal

Supersedeas is a rule of procedure allowing a judgment debtor to suspend enforcement of a judgment “by posting security set by the trial court” during the pendency of an appeal. The purpose of it is to “protect[ ] the [prevailing] party [following trial and entry of judgment] from the risk of a later uncollectible judgment and [to] compensate[]’” the prevailing party “for delay in the entry of final judgment.” This means the changes are meant to ensure a judgment debtor does not lose the right to appeal simply because the bond on judgment is too expensive so as to be …

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Kelo V. City Of New London, Tulare Lake Basin Water Storage District V. United States, And Washoe County V. United States: A Fifth Amendment Takings Primer., Christopher L. Harris, Daniel J. Lowenberg

St. Mary's Law Journal

The Takings Clause of the Fifth Amendment is a remedy available to citizens for the government's undue interference with private property rights. It operates similarly to an affirmative defense as it entitles citizens to “just compensation” when the government “takes” private property for “public use.” The Takings Clause thus embodies the idea that society values the protection of private property. The Supreme Court of the United States stated the purpose of the Takings Clause is “to bar Government from forcing citizens from bearing public burdens which, in all fairness, should be borne by the public as a whole.” Kelo v. …

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Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice

St. Mary's Law Journal

Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases. Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …

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Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal

In response to domestic violence involving victims who do not wish to cooperate in the prosecution of their abuser, prosecutors endeavor to frame cases around other evidence establishing a defendant’s guilt regardless of the victim’s testimony. Domestic violence cases set for trial are being thrown out of Texas courts because of the recent U.S. Supreme Court ruling that reasserts a defendant’s right to confront his accuser in court. Prosecutors believe that strong legal arguments exist to continue successfully prosecuting abusers without the cooperation of the victim at trial. This is through the continued admission of certain hearsay statements, despite Crawford …

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Full-Text Articles in Immigration Law

A Check On The Real Realities Of Immigration: A Reflection, Maureen A. Sweeney

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

Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia

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

Honor Killings And The Asylum Gender Gap, Valerie Plant

Florida State University Journal of Transnational Law & Policy

European Asylum Law: Race-To-The-Bottom Harmonization?, James D. Fry

Florida State University Journal of Transnational Law & Policy

Restoring The Rule Of Law: Reflections On Fixing The Immigration System And Exploring Failed Policy Choices, Katherine L. Vaughns

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

"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau

Fordham Urban Law Journal

Violation Of Latino Civil Rights Resulting From Ins And Local Police's Use Of Race, Culture And Class Profiling: The Case Of The Chandler Roundup In Arizona, Mary Romero, Marwah Serag

Cleveland State Law Review

The Surge In Immigration Appeals And Its Impact On The Second Circuit Court Of Appeals, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana

Scholarly Works

The Effect Of A Harmless Error In Executing A Will: Why Texas Should Adopt Section 2-503 Of The Uniform Probate Court., Sean P. Milligan

St. Mary's Law Journal

Securing One's Fourth Amendment Rights Through Issue Preclusion: Assessing Texas's Application Of Collateral Estoppel To Multiple Suppression Motions Filed In Separate Courts., Garrett T. Reece

St. Mary's Law Journal

Determining The Indeterminate Defect., J. Gregory Marks

St. Mary's Law Journal

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

Articles

Attorney Disciplinary Procedure In Texas: Competing Interests And Philosophies 1988-2004 The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Dawn Miller, Daniel A. Naranjo

St. Mary's Law Journal

Another Limit On Federal Court Jurisdiction - Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family

Cleveland State Law Review

Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda

Faculty Articles

Immigration: Mind Over Matter, Shoba S. Wadhia

Faculty Scholarship

Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson

Fordham Urban Law Journal

Untied States: American Expansion And Territorial Deannexation, Christina Duffy Ponsa-Kraus

Faculty Scholarship

"Aliens" In Our Midst Post-9/11: Legislating Outsiderness Within The Borders, Raquel Aldana, Sylvia R. Lazos Vargas

McGeorge School of Law Scholarly Articles

The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch

Washington and Lee Journal of Civil Rights and Social Justice

Mind The Gap: Expansion Of Texas Governmental Immunity Between Takings And Tort., Jadd F. Masso

St. Mary's Law Journal

Much Ado About Nothing - Why Desert Palace Neither Murdered Mcdonnell Douglas Nor Transformed All Employment Discrimination Cases To Mixed-Motive Essay., Matthew R. Scott, Russell D. Chapman

St. Mary's Law Journal

Unintentional Franchising., Mark H. Miller

St. Mary's Law Journal

Good Cause In The Texas Rules Of Civil Procedure., Naomi Mccuistion

St. Mary's Law Journal

Superseding Attorney's Fees And Pre-Judgment Interest After House Bill 4., Jonathan Yedor, Regina M. Uhl

St. Mary's Law Journal

Kelo V. City Of New London, Tulare Lake Basin Water Storage District V. United States, And Washoe County V. United States: A Fifth Amendment Takings Primer., Christopher L. Harris, Daniel J. Lowenberg

St. Mary's Law Journal

Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(L)., Willy E. Rice

St. Mary's Law Journal

Utter Excitement About Nothing: Why Domestic Violence Evidence-Based Prosecution Will Survive Crawford V. Washington., Donna D. Bloom

St. Mary's Law Journal