Open Access. Powered by Scholars. Published by Universities.®

Immigration Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5371 - 5400 of 5645

Full-Text Articles in Immigration Law

Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind Dec 1982

Federal Court Remedies In Immigration And Naturalization Cases, Ann Allott, Nancy B. Elkind

San Diego Law Review

This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at …

Go to article

What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue Dec 1982

What Went Wrong With Wang?: An Examination Of Immigration And Naturalization Service V. Wang, Sana Loue

San Diego Law Review

This Article examines the United States Supreme Court's holding in INS v. Wang. The author argues that the decision severely limited judicial review of administrative decisions of suspension of deportation. She explores the factors considered by adjudicative bodies in ruling on extreme hardship and motions to reopen suspension proceedings, and examines the nature of the "extreme hardship" requirements in light of the holding in Wang. The author concludes that guidelines must be established which will aid in defining the term "extreme hardship" and establish a single evidentiary standard necessary to support this claim.

Go to article

Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg Dec 1982

Adjustment Of Status Under Section 245 Of The Immigration And Nationality Act, Tamara K. Fogg

San Diego Law Review

This Comment examines the legislative development of section 245 of the Immigration and Nationality Act and how the adjustment of status procedure has been slowly liberalized to allow virtually any alien present in the United States to quality to apply for adjustment. The author argues that this procedure has been abused and applied unfairly, in that aliens who apply for adjustment while in the United States are afforded due process and judicial review while those who apply while in their home countries are denied these protections. The author further argues that the recent passage of the Simpson-Mazzoli Bill will not …

Go to article

Foreword, Alan K. Simpson Dec 1982

Foreword, Alan K. Simpson

San Diego Law Review

Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.

Go to article

Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing Dec 1982

Estoppel In Immigration Proceedings - New Life From Akbarin And Miranda, Bill Ong Hing

San Diego Law Review

This Article examines the effects of Akbarin v. INS and Miranda v. INS on estoppel as a concept to be applied in immigration proceedings. The author examines the use of estoppel prior to these two cases, and analyzes these cases against the backdrop of the prior case law. The author then examines the potential effects that the Akbarin and Miranda cases will have on estoppel claims. The author suggests that estoppel remains a viable tool against the Immigration and Naturalization Service, and outlines strategic considerations in bringing an estoppel action on behalf of an alien.

Go to article

The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr. Dec 1982

The Simpson-Mazzoli Bill: An Analysis Of Selected Economic Policies, Roy J. Watson Jr.

San Diego Law Review

This Article examines the Simpson-Mazzoli Bill, which is currently before the Congress, and analyzes certain portions of the bill in terms of the economic policies underlying them. He argues that attention must be given to how political issues shape and direct economic policy, and that immigration legislation should not restrict the growth and development of private industry, but rather assist it in strengthening its position and expanding its markets. The author concludes that any change in the immigration laws should be drafted in such a way as to more effectively implement these policies.

Go to article

Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye Dec 1982

Alien Physicians And Their Admission Into The United States - An Update, Allen E. Kaye

San Diego Law Review

This Article provides an update to a previous article, Alien Physicians and Their Admission into the United States, which surveyed the new requirements on alien physicians to pass medical and English competency examinations and discussed various means by which these requirements may be circumvented. The author discusses the interim implementation of these requirements, and concludes that, while recent pieces of legislation were developed to clarify these requirements, considerable confusion still exists as to the application of these requirements.

Go to article

The International Entertainer Under United States Immigration Law, Charles C. Foster Dec 1982

The International Entertainer Under United States Immigration Law, Charles C. Foster

San Diego Law Review

This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.

Go to article

Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English Dec 1982

Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English

San Diego Law Review

This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.

Go to article

"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas Oct 1982

"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas

In the Public Interest

No abstract provided.

Go to article

Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr. Oct 1982

Immigration And Naturalization Service V. Chadha, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Go to article

America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow Sep 1982

America's Incoherent Immigration Policy: Some Problems And Solutions, James J. Orlow

University of Miami Law Review

The author identifies some basic problems with America's immigration policy. Initially he observes that a fair and reasonable policy can only be made at the risk of inflaming local prejudices. Furthermore, the policy is inherently political and inconsistently applied. Finally, the enforcement of immigration law is not effective because the Immigration and Naturalization Service is understaffed and overworked. To remedy these problems, the author suggests that Congress enact legislation that is practical and internally consistent. He also proposes the formation of a review agency that will impartially analyze and recommend immigration policy.

Go to article

Immigration Law And The Illusion Of Numerical Control, John A. Scanlan Sep 1982

Immigration Law And The Illusion Of Numerical Control, John A. Scanlan

University of Miami Law Review

No abstract provided.

Go to article

Panel Discussion Sep 1982

Panel Discussion

University of Miami Law Review

No abstract provided.

Go to article

The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani Sep 1982

The Immigration Program Of The Reagan Administration, Rudolph W. Giuliani

University of Miami Law Review

No abstract provided.

Go to article

Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick Sep 1982

Guidelines For The Reform Of Immigration Policy, Barry R. Chiswick

University of Miami Law Review

No abstract provided.

Go to article

A Critical Analysis Of Refugee Law, Ira J. Kurzban Sep 1982

A Critical Analysis Of Refugee Law, Ira J. Kurzban

University of Miami Law Review

A review of immigration law and history reveals that the United States admits large numbers of refugees from communist countries, but grants entrance to a disproportionate few from noncommunist states. The author interprets these figures to mean that the government uses the refugee admissions process as a ploy to accomplish political objectives. This article exposes the inequity in the admissions process by examining the legislative and executive responses to the refugee problem. Although many had hoped that the Refugee Act of 1980 would eliminate the political bias in refugee policy, the author suggests that the Act, in fact, institutionalizes preexisting …

Go to article

Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner Sep 1982

Comments And Recommendations On Proposed Reforms To United States Immigration Policy, Michael H. Posner

University of Miami Law Review

The author discusses the legal status of the "refugee" under two decades of American and international law. After reviewing the implications of the United States accession to the 1967 Protocol Relating to the Status of Refugees, the Refugee Act of 1980, and current proposals for reform in the refugee/asylum area, he concludes that the Simpson-Mazzoli bill, with several major modifications, would be the most equitable approach to dealing with the present refugee and asylum problems.

Go to article

The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight Sep 1982

The Constitutional Redefinition Of Texas Matrimonial Property As It Affects Antenuptial And Interspousal Transactions Symposium - Texas Community Property Law In Transition., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger Sep 1982

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Mccarty V. Mccarty: The Moving Target Of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law In Transition., Louise B. Raggio, Kenneth G. Raggio Sep 1982

Mccarty V. Mccarty: The Moving Target Of Federal Pre-Emption Threatening All Non-Employee Spouses Symposium - Texas Community Property Law In Transition., Louise B. Raggio, Kenneth G. Raggio

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo Sep 1982

Electronic Piracy: Can The Cable Television Industry Prevent Unauthorized Interception., Kevin W. Grillo

St. Mary's Law Journal

The FCC and Congress have failed to enact specific regulations regarding unauthorized interception of cable television. This lack of regulation concerning electronic piracy has allowed entrepreneurs to develop means of intercepting cable television signals without compensation to the transmitting companies. The cable television industry has lost a significant portion of income through unauthorized interception of cable television. As the cable television industry continues to expand, the problem of electronic piracy of cable television signals will intensify. This has forced the cable television industry to seek varied legal solutions to resolve the problem. Although the cable television industry has found effective …

Go to article

The Duty To Warn And Instruct For Safe Use In Strict Tort Liability Symposium - Texas Community Property Law In Transition., James B. Sales Sep 1982

The Duty To Warn And Instruct For Safe Use In Strict Tort Liability Symposium - Texas Community Property Law In Transition., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Article 7.12 Of The Texas Business Corporation Act Is The Exclusive Expression Of The Trust Fund Theory In Texas Case Note., Drew R. Fuller Jr. Sep 1982

Article 7.12 Of The Texas Business Corporation Act Is The Exclusive Expression Of The Trust Fund Theory In Texas Case Note., Drew R. Fuller Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa Sep 1982

Federal Conviction For Offense Not Constituting Felony Under Texas Law May Be Used To Enhance Punishment Under Section 12.42 Of Texas Penal Code When Federal Conviction In Punishable By Possible Confinement In Prison., Leo D. Figueroa

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher Sep 1982

Two Year Limitations Period Applicable To Texas General Fraud Statute Applies To 10b-5 Actions When Texas In Forum State And Cause Of Action Accrued Prior To 1977., Richard M. Mosher

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin Sep 1982

Section 312(A)(7) Of Federal Communications Act Provides Affirmative Right Of Individual Access To Broadcast Time For Federal Political Candidates., Phylis J. Speedlin

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Possession Or Delivery Of Drug Paraphernalia Is Prohibited., John B. Milano Jr. Sep 1982

Possession Or Delivery Of Drug Paraphernalia Is Prohibited., John B. Milano Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Practice Before The Oil And Gas Division Of The Railroad Commission Of Texas Symposium - Selected Topics On Oil And Gas Law., Frank Douglass Sep 1982

Practice Before The Oil And Gas Division Of The Railroad Commission Of Texas Symposium - Selected Topics On Oil And Gas Law., Frank Douglass

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Multiple Uses And Conflicting Rights Symposium - Selected Topics On Oil And Gas Law., Guy L. Nevill Sep 1982

Multiple Uses And Conflicting Rights Symposium - Selected Topics On Oil And Gas Law., Guy L. Nevill

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

First Prev Next Last