Immigration Law Commons^™

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Articles

A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …

Why Supervise The Refugee Convention?, James C. Hathaway

Articles

The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.

Bridging The Analytical Gap: The Gammill Alternative To Overcoming Robinson & (And) Havner Challenges To Expert Testimony., Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

The Spanish Predominant Language Ordinance: Is Spanish On The Way In And English On The Way Out., Adriana Resendez

St. Mary's Law Journal

El Cenizo's Spanish language ordinance is likely to survive a constitutional challenge. The City Council of El Cenizo’s Spanish language ordinance, however, has generated a significant amount of controversy in the United States. The ordinance stipulates that all city council meetings will be made in the city’s predominant language—Spanish. Critics argue that the ordinance has made Spanish the official language. Critics also argue that the ordinance is discriminatory toward English speakers. English only advocacy groups, such as English First and U.S. English, argue that the ordinance will create a trend across the United States of immigrants refusing to embrace an …

Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin

St. Mary's Law Journal

Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …

Whither The Texas Tort Claims Act: What Remains After Official Immunity., J. Bonner Dorsey

St. Mary's Law Journal

Abstract Forthcoming.

From Judicial To Administrative Denaturalization: For Better Or For Worse?, Vinineath Nuon Gopal

University of Colorado Law Review

No abstract provided.

Richardson V. Reno: What Is The Proper Application Of The Illegal Immigration Reform And Immigrant Responsibility Act To Criminal Aliens?

San Diego Law Review

This Casenote questions the Richardson court's holding. Specifically, this Casenote argues that precluding all judicial review, including habeas corpus review, for criminal aliens held removable by the INS violates the Suspension Clause of the United States Constitution. Further, to interpret IIRIRA as eliminating the availability of habeas corpus relief in these circumstances calls into question the constitutionality of the statute due to constitutional limits on Congress's power to control the jurisdiction of Article III courts.

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha

Scholarly Articles in Law Reviews & Journals

In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing asylum …

Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight

Faculty Scholarship

No abstract provided.

Expedited Removal, Karen Musalo

Faculty Scholarship

No abstract provided.

Gonzalez Exrel. Gonzalez V. Reno. 212 F.3d 1338, Rehearing Denied, 215 F.3d 1243, Certiorari Denied, 120 S.Ct. 2737 (2000). U.S. Court Of Appeals For The Eleventh Circuit, June 1, 2000., David Abraham

Articles

No abstract provided.

Secret Trials, David Cole

Georgetown Law Faculty Publications and Other Works

Today, U.S. immigration authorities use secret evidence to lock up immigrants in deportation proceedings, to exclude aliens at the border, and to oppose applications for "relief from deportation," including asylum.

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn

American Indian Law Review

No abstract provided.

Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish

Cardozo Law Review

No abstract provided.

When We Cannot Deport, Is It Fair To Detain?: An Analysis Of The Rights Of Deportable Aliens Under 8 U.S.C 1231(A)(6) And The 1999 Ins Interim Procedures Governing Detention, Daniel R. Dinger

BYU Law Review

No abstract provided.

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen

Indiana Journal of Global Legal Studies

No abstract provided.

The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger

University of Miami Inter-American Law Review

No abstract provided.

Introduction: The Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.

Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns

Indiana Journal of Global Legal Studies

No abstract provided.

Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris

University of the District of Columbia Law Review

No abstract provided.

Trends. Discretion, No Discretion: Travails Of The Immigration And Naturalization Service, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the political reaction to actions of the United States Immigration and Naturalization Service, and the role of 'discretion.'

Jerusalem Policy Makes No Sense, Kenneth Lasson

All Faculty Scholarship

Born recently in Jerusalem, this tiny apolitical person has just arrived in Baltimore from Israel with his proud parents, a journey that required him to have an American passport. All went smoothly at the U.S. consulate in East Jerusalem until I asked the woman processing the forms why there was no country listed after "Jerusalem" on the passport application.

In 1948, President Harry Truman, ignoring strong objections from the State Department, enabled the United States of America to become one of the first countries to recognize Israel. Jerusalem has always been Israel's capital. All U.S. embassies are situated in the …

Exposing Secret Evidence: Eliminating A New Hardship Of United States Immigration Policy, D. Mark Jackson

Buffalo Public Interest Law Journal

No abstract provided.

Trends. Psychologies Of Immigration: The Illegal Immigration Reform And Immigrant Responsibility, Ibpp Editor

International Bulletin of Political Psychology

This article discusses illegal immigration and immigration reform, as well as the psychological reasoning behind the laws.

The Exclusion Of Mentally Ill Aliens Who May Pose A Danger To Others: Where Does The Real Threat Lie?, Jennifer Blakeman

University of Miami Inter-American Law Review

No abstract provided.