Immigration Law Commons^™

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Case Digest

Materiality Standard for Concealment or Misrepresentation under Immigration and Nationality Act § 1451(a) is Sufficient to Influence an Immigration and Naturalization Service Decision; The Test of Good Moral Character under § 1101(f)(6) Does Not Require a Finding of Materiality for any False Testimony --Kungys v. United States, 108 S. Ct. 1537 (1988)

The Broad Subpoena Power of the Immigration and Naturalization Service does not Authorize Issuance of a Blanket John Doe Subpoena to Gather Information Regarding Unidentified Aliens--Peters v. United States, 853 F.2d 692 (9th Cir.1988)

Routine Strip Searches of Detained Juvenile Aliens Violate Juveniles' Fourth Amendment Rights--Flores …

Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan

St. Mary's Law Journal

Abstract Forthcoming.

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.

The Paradox Of A Title: Discrimination Within The Anti-Discrimination Provisions Of The Immigration Reform And Control Act Of 1986, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Employers As Junior Immigration Inspectors: The Impact Of The 1986 Immigration Reform And Control Act, Maurice A. Roberts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The Immigration Reform and Control Act of 1986 (IRCA), also known as the Simpson-Rodino Act, is the most significant piece of immigration legislation in over thirty years. It radically revamps this already complicated area of law. Its impact on employers is particularly great, and can be seen in three ways. First, fines of up to $10,000 and even jail sentences can be imposed on businesses that knowingly hire undocumented aliens. Second, every employer must now verify and maintain records on the immigration and citizenship status of each prospective employee, even if the applicant is a U.S. citizen. Third, antidiscrimination provisions …

Asylum For Persecuted Social Groups: A Closed Door Left Slightly Ajar—Sanchez-Trujillo V. Ins, 801 F.2d 1571 (9th Cir. 1986), Daniel Compton

Washington Law Review

With the passage of the Refugee Act of 1980, the United States took an important step toward fulfilling its international human rights obligations. The Act significantly changed American asylum law and the federal courts have played a major role in interpreting the resulting changes. Because of this, the courts often have the last word in determining the practical nature of the human rights commitments embodied in the Refugee Act. In Sanchez-Trujillo v. INS, the Ninth Circuit Court of Appeals played the role of interpreter in outlining the parameters of a "particular social group" subject to a well-founded fear of persecution. …

The Humane And Just Alternative For Canada, James C. Hathaway

Articles

The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue our strategy of controlled growth in immigration to Canada." By speaking of refugees in the same breath as immigration policy, the department has effectively confused the privilege of immigration …

Calculated Kindness: Refugees And American's Half-Open Door, 1945 To The Present, By Gil Loescher And John A. Scanlan, Arthur C. Helton

Indiana Law Journal

No abstract provided.

The National Labor Relations Act And Undocumented Workers: Local 512 V. Nlrb After The Immigration Reform And Control Act Of 1986, Daniel R. Fjelstad

Washington Law Review

In Local 512 v. NLRB, the Ninth Circuit Court of Appeals ordered the National Labor Relations Board (NLRB or Board) to award backpay to undocumented workers who had been unlawfully laid off by their employer. The court decided Local 512 before enactment of the Immigration Reform and Control Act of 1986 (IRCA). One of the aims of the IRCA is to keep undocumented aliens out of the workplace by making it illegal to knowingly employ undocumented aliens. Because protection of undocumented workers like that granted in Local 512 might undermine pursuit of this IRCA objective, apparent conflict arises between National …

Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey

University of Miami Law Review

No abstract provided.

Sanctuary: The New Underground Railroad, Daniel M. Brinks

Michigan Law Review

A Review of Sanctuary: The New Underground Railroad by Renny Golden and Michael McConnell

The Unfair Immigration-Related Employment Practices Provision: A Modicum Of Protection Against National Origin And Citizenship Status Discrimination, Fedric J. Bendremer, Lisa A. Heiden

University of Miami Law Review

No abstract provided.

State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn

University of Miami Law Review

No abstract provided.

Legalization Under The Immigration Reform And Control Act Of 1986: Scope Of Confidentiality Provisions And Problems In Proving Residence, James Marx

University of Miami Law Review

No abstract provided.

Judicial Deference To The Chief Executive's Interpretation Of The Immigration Reform And Control Act Of 1986 Antidiscrimination Provision: A Circumvention Of Constitutionally Prescribed Legislative Procedure, Mark Johnson Boulris

University of Miami Law Review

No abstract provided.

Project Save: Can It Work?, Madelyn S. Lozano

University of Miami Inter-American Law Review

No abstract provided.

Introduction, Daniel E. Lungren

San Diego Law Review

Immigration has been our heritage. It has largely determined who we are as well as who we will be. It is not merely a cliche-we are indeed a land of immigrants.

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, Michael G. Heyman

San Diego Law Review

This Article examines the legal protections afforded by immigration law for victims of civil strife. Using the displaced victims of civil strife in El Salvador as an example, the author examines the predicament of such victims, surveys various solutions that exist under current law, and concludes that United States immigration law fails to offer relief or remedy. In light of these deficiencies, the author proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

Significant Developments In The Immigration Laws Of The United States 1986, Robert C. Niesley

San Diego Law Review

This Synopsis highlights significant legal developments that occurred in immigration law in 1986. The Supreme Court decided only one immigration case during this period, dealing with the definition of "child" in Immigration and Nationality Act section 244 suspension of deportation cases. The lower federal courts were highly active, dealing with a wide range of important immigration issues. The most significant development in 1986 was the passage by the 99th Congress of the Immigration Reform and Control Act of 1986 (IRCA). Passage of IRCA culminates six years of congressional attempts to reach an agreement on immigration reform. Seemingly cutting both ways, …

The Immigration Reform And Control Act Of 1986, Daniel E. Lungren

San Diego Law Review

This Article examines the recent passage of the Immigration Reform and Control Act of 1986 (IRCA). The author discusses previous legislative attempts to control immigration and the legislative evolution of this new immigration reform bill. The author highlights the major provisions that are integral to comprehensive immigration reform legislation.

Detention Of Aliens, Paul Wickham Schmidt

San Diego Law Review

This Article examines the general principles relating to detention of aliens in exclusion and deportation situations. The author surveys the legal issues in various important areas of the detention controversy. The author concludes by exploring how the Immigration and Naturalization Service can most effectively utilize detention in the future.

Setting Bail In Deportation Cases: The Role Of Immigration Judges, Janet A. Gilboy

San Diego Law Review

This Article examines the administrative review process with respect to bail setting by the Immigration and Naturalization Service (INS). The author describes the administrative review process through a case study of bond redetermination applications to immigration judges in Chicago and examines some preliminary data on the consequences of bail decisions for aliens' failure to appear in court and failure to depart the country after being granted voluntary departure. The author suggests the difficulties of both immigration judges and the INS in adequately distinguishing among aliens deserving or undeserving of stronger controls. The author further evaluates several proposals for immigration bail …

Walking A Gray Line: The Color Of Law Test Governing Noncitizen Eligibility For Public Benefits, Robert Rubin

San Diego Law Review

This Article analyzes the color of law standard in determining eligibility of noncitizens for public benefits, and outlines the impact of the Immigration Reform and Control Act of 1986 on benefit eligibility. The author reviews the legislative history and judicial construction of the standard, and proposes a working definition of "permanently residing. . . under color of law" that would include those aliens with implied or express permission to remain in the country, but exclude undocumented aliens and those who are temporarily present.

The Substantial Presence Test Exceptions: Taxing Problems For The Alien, J. Scott Kircher

San Diego Law Review

This Comment addresses the issue of the potential tax liability of aliens present in the United States. The author argues that the first step in determining potential tax liability is the classification of an alien as either a resident or nonresident, and that Congress created two tests in an attempt to make the classification simple and objective. The author argues that the "green card" test accomplishes this congressional goal, while the "substantial presence" test is complicated and its exceptions depend on subjective criteria. The author concludes that, under the "substantial presence" test, residency determination is unpredictable and will likely result …

The Turning Point Approaches: The Political Offense Exception To Extradition, John Lafferty

San Diego Law Review

This Comment examines the court's use of the political offense exception to extradition to find that fugitive Provisional Irish Republican Army members discovered in the United States are not extraditable to the United Kingdom. The author argues that the recent ratification of a supplementary extradition treaty with the United Kingdom virtually eliminates the political offense exception between the two countries. The author further argues that this treaty is contrary to the long-standing history and purpose of extradition and the political offense exception and presents a proposal for legislative reform.