Immigration Law Commons^™

The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.

San Diego Law Review

This Article reviews the historical background of our present immigration law and analyzes the policy goals of immigration law in light of the major contemporary issues that bear directly on the immigration act: population growth, the requirements of the labor force, family reunion, illegal immigration, and refugee admission. The authors contend that the immigration act in its present form does not adequately deal with the expanding nature of these problems, and offer recommendations to reconcile present deficiencies with recent and foreseeable world developments. The authors suggest reforms that would balance humanitarian goals with domestic, political, socioeconomic, demographic, and foreign policy …

Consequences Of Nationality In American Law, Michael Terry Hertz

San Diego Law Review

Nationality plays its principal role in immigration matters, but it has been put to significant uses in other areas of American law. This Article focuses on the consequences of the application of the nationality concept in constitutional law, civil rights legislation, taxation, and securities regulation. The author examines the functions which nationality has been required to fulfill and assesses the concept's capacity for accomplishing assigned legal tasks. The author criticizes the overbroad uses of nationality as a legal regulator, but finds that the concept can play a useful, though restricted, role in some areas.

The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes

San Diego Law Review

This Article addresses the impact of Operations Instructions, promulgated by the United States Immigration and Naturalization Service, and their impact on the determination of alien's rights. The author argues that these instructions can be more crucial to the determination of an alien's rights than the terms of the statute itself. The author suggests that the courts are slowly beginning to recognize that many such instructions have a substantial impact on aliens' rights and may sometimes convey very tangible substantive benefits. The author argues that the courts should more consistently treat these instructions as rules to be promulgated, implemented, and generally …

Limiting Congressional Denationalization After Afroyim, J. P. Jones

San Diego Law Review

This Comment discusses the constitutional aspects of loss of United States citizenship. The author contrasts expatriation with procedures developed by the state for involuntary deprivation of citizenship. The author further contrasts early judicial and legislative debates over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, the author suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch

San Diego Law Review

This Comment examines this issue of taxation of nonresident aliens. The author argues that nonresident aliens have varying degrees of activity in the United States because of business, family, or tourism. When this level of activity is of the requisite nature, an alien can be classified as a resident for United States income tax purposes, and that different treatment under the tax laws of residents and nonresidents makes this distinction important. The author examines income tax planning for the nonresident alien, who is married to a citizen or resident of the United States, and for the nonresident alien, who is …

Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.

San Diego Law Review

This Synopsis focuses on the recent developments in the field of immigration law, during 1978 to 1979. The discussion of the developments includes selected legislative enactments and regulations promulgated pursuant to said enactments, important judicial decisions, significant administrative actions taken by the Immigration and Naturalization Services and the Board of Immigration Appeals, and proposed legislation. The Synopsis serves as a brief summary of current events, and as a guide for further research into United States immigration law.

Asian Immigrants And Their Status In The U.S., Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Immigration Law- Exclusionary Rule- If The Exclusionary Rule Question Is Reached, The Civil Nature Of A Deportation Proceeding May Preclude Its Application, Diane M. Peress

Fordham Urban Law Journal

This Case Note addresses questions concerning the exclusionary rule in deportation proceedings. Examining the Ninth Circuit's analysis in Cuevas- Ortega v. Immigration and Naturalization Service, this case note admits that though the exclusionary rule is a judicially created remedy it may still be required in deportation proceedings.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

COURT SITTING IN ADMIRALTY MAY GRANT INJUNCTIVE RELIEF TO PREVENT MARITIME INSURER FROM "BLACKLISTING" SEAMEN WITHOUT CAUSE

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EXPENSES OF JUSTICE INCLUDE ONLY THOSE STORAGE EXPENSES INCURRED AFTER THE FILING OF A FORFEITURE ACTION BY THE UNITED STATES GOVERNMENT

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IMMIGRATION AND NATURALIZATION SERVICE MAY APPEAL AN IMMIGRATION JUDGE'S DECISION TO GRANT AN ALIEN RELIEF FROM DEPORTATION UNDER SECTION 212(c) OF THE IMMIGRATION AND NATIONALITY ACT

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FOURTH AMENDMENT NO BAR TO WARRANTLESS SEARCH OF FOREIGN FISHING VESSEL AUTHORIZED BY FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976

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SCOPE OF LACEY ACT IS LIMITED TO FOREIGN LAWS DESIGNED TO PROTECT …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

A Time Charterer is not Liable as Owner Pro Hac Vice for Injuries Incurred by Employees of the Vessel's Owner in the Course of their Employment

U.S. Violation of Regulation in Deportation Proceeding Renders Alien's Deportation Unlawful only if Such Violation Prejudiced the Alien's Interests Protected by the Regulation

Where Information Regarding Weight of Suitcase Checked with Airline is Undocumented, Liability Limitation of the Warsaw Convention does not Apply

Cultural Exchange Agreements involving Payment Constitute Commercial Activity and are not Immune under the Foreign Sovereign Immunities Act

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

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IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

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LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

Foreword, Joshua Eilberg

San Diego Law Review

Immigration is the root of America's national existence. The immigration process has fueled the growth of this country as well as shaped its character. Even the most cursory review of this country's history reminds us of the vital role played by immigrants in the development of the United States.

Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt

San Diego Law Review

This Article discusses the complex and unusual way in which the Immigration and Nationality Act of 1952 defines "child" to exclude natural fathers and their illegitimate children from the scheme for preferred immigration status while granting the same status to natural mothers and their illegitimate children. The author begins by discussing the importance of the term "legitimate" in the act and goes on to explain three ways an illegitimate child may still meet the Act's definition of "child" by fulfilling three requirements for legitimization: 1) sufficient acts of legitimization, 2) the age requirement, and 3) legal custody. The author finishes …

The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox

San Diego Law Review

This Article examines the conflict between Japanese and United States nationality laws. Due to the conflict in these laws, nearly 4000 Amerasian children could become stateless. The article reviews the two major conflicting principles of nationality laws, jus sanguines and jus soli, and then reviews both the Japanese & Unites States nationality laws. The article goes on to discuss the effects of statelessness including legal, social, and economic hardships. Finally the article discusses solutions to the dilemma through unilateral, bilateral, and multilateral actions.

Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald

San Diego Law Review

This Article discusses legislation passed by Congress in 1976 to drastically reduce the eligibility of alien physicians to enter the United States because of a fear of inferior medical services and a belief that such immigration was leading to a shortage of health care providers in some foreign nations. The article surveys the new requirements such as passing both medical and English competence examinations as well as obtaining individual labor certifications. The article goes on to discuss ways in which alien physicians can come to the Unites States without passing these examinations.

Aliens Under The Federal Venue Statute, Syed I. Hyder

North Carolina Central Law Review

No abstract provided.

Introduction, Bernard D. Reams Jr.

Faculty Articles

Volume Two of Immigration and Nationality Law Review continues to represent a centralized annual forum for the paramount articles concerning American immigration laws. In addition to the law review articles selected by the editor for inclusion in this second volume, two original essays by practitioners in immigration law are featured. Mark Mancini examines excludability for lack of a valid labor certification as a species of fraud, and Dan P. Danilov reviews and discusses recent changes regarding nonimmigrant and immigrant visas for workers, businessmen, managers and investors. The Review’s goal remains that of providing the practicing lawyer and legal researcher with …

Recent Decisions, Kate Eyler, Margaret H. Young, B. Rowland Heyward, Gary I. Christian

Vanderbilt Journal of Transnational Law

Recent Decisions Immigration--Entry Resident Alien Who Makes Brief Visit Outside the Country is Deportable if He Reenters United States at an Unauthorized Location while Aiding Illegal Aliens to Enter

Kate Eyler

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International Banking--Bankruptcy--When Foreign Law Prohibits a Foreign Banking Corporation from Supplying Required Creditors List, Chapter XI Petition Should Not be Dismissed as Inherently Defective

Margaret Helen Young

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The instant case represents a change in long-standing ICC policy at once consistent with its statutory groundwork, yet with potentially drastic economic impact. In the final analysis, the issues were whether the subsequent legislation represented a congressional expression of its …

Illegal Aliens: Economic Aspects And Public Policy Alternatives, Walter A. Fogel

San Diego Law Review

This article discusses the economic impact of illegal aliens on the United States economy. The author starts by briefly addressing four different kinds of impacts on the United States from illegal immigration: Sociopolitical, Population, Labor standards, and Social welfare costs. The author then examines the impact of immigration on the market including general trends, the effect of immigration on the market in the current period, the fear of American workers being displaced from their jobs, and the impact on employment and wages. Next the author examines immigration policy both as an ethical problem and how to restrict illegal immigration. The …

Foreword, Griffin Bell

San Diego Law Review

This foreword introduces the problem of undocumented aliens in the United States . The Attorney General briefly describes the President's new program for dealing with this problem which includes permanent resident status, temporary resident status, increased enforcement, employer sanctions, international relations, temporary migration, quota changes, and an interagency task force on immigration law.

Introduction, Leonel Castillo

San Diego Law Review

This introduction introduces the topic of immigration and the authors that have contributed articles to this issue. Contributing authors include: Maurice A. Roberts, Former Board of Immigration Appeals Chairman; Richard Plender, lawyer and advisor to the United Kingdom and Ireland on refugee situations; Charles Gordon, former INS General Counsel; Elwin Griffith; Walter Fogel, immigration scholar and researcher; Stephen H. Legomsky, former student director of the University of San Diego Immigration Clinic; and two student comments.

Recent Developments In Judicial Review Of Immigration Cases, Charles Gordon

San Diego Law Review

This article discusses judicial review in immigration cases. The author states that the courts are the ultimate refuge for the individual confronted by the excessive and arbitrary actions of government officials. Although judicial review in immigration cases has not always been a settled concept, its use has constantly increased over the years. The author begins by discussing the history of judicial review in immigration cases. He then examines Due Process and the part it plays in immigration cases including right to counsel, consular decisions, estoppel, the fleuti principle, the applicability of the administrative procedure act, the denial of discretionary relief …

The Board Of Immigration Appeals: A Critical Appraisal, Maurice A. Roberts

San Diego Law Review

This article by the form Chairman of the Board of Immigration Appeals examines the Board's function. The Board of Immigration Appeals is a quasi-judicial tribunal that is attached to the office of the Attorney General. The Board has never received statutory recognition and depends upon the Attorney General for its existence. The author argues that the Board should receive statutory recognition from Congress so that it can better fulfill its mission. The author begins with the origin and history of the Board. He then discusses how the Board has come to be the administrative institution that it is today. Finally …

Admission Of Refugees: Draft Convention On Territorial Asylum, Richard Plender

San Diego Law Review

This article examines the plight of refugees and the international law that attempts to protect them. The author begins by discussing the rules of international law that currently govern the definition and admission of refugees for support from the United Nations High Commissioner for Refugees. The author goes on to discuss defects in the conventional definition of refugee which excludes about half the world's refugees from this support. Next the author addresses the Draft Convention on Territorial Asylum which is intended in part to overcome the shortcomings of previous treaties that have defined "refugee". The author concludes by calling for …

Exclusion And Deportation: Some Avenues Of Relief For The Alien, Elwin Griffith

San Diego Law Review

This article is about the statutory relief available to some aliens whose violation of immigration laws would ordinarily subject them to deportation or exclusion. The author begins by discussing section 241(f) of the Immigration and Nationality Act, which provides relief in certain cases to aliens who otherwise would be deported if they have established close family relationship with American citizens or permanent residents. The author then addresses section 212(c) of the Act, which permits the Attorney General to exercise discretion to admit an alien who may be otherwise be excludable. Finally the author examines section 244(a)(1) of the Act, which …

The Alien Criminal Defendant: Sentencing Considerations, Stephen H. Legomsky

San Diego Law Review

This article examines the issue of alien convicts being sentenced to deportation. The author begins by discussing the existing law and the specific ways in which Congress has delegated the authority, to the sentencing judge, to predetermine whether the alien convict will be deported. Next the author examines the propriety of deporting an alien who is already subject to criminal sanctions for the same criminal conduct and when such an additional sanction is justifiable. Finally the author addresses the problems with the current law and proposes ways it could be fixed by Congress, judges, and attorneys.

Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg

Michigan Law Review

A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …

Constitutional Law-Fourth Amendment-Immigration Checkpoint Stops For Questioning Are Reasonable Without Individualized Suspicion-United States V. Martinez-Fuerte, Russell A. Hakes

BYU Law Review

No abstract provided.

Deportation Of Aliens For Convictions Based Upon Possession Of Marijuana, Alan Lee

Cleveland State Law Review

The recent advent of decriminalization for adjudications based upon possession of small amounts of marijuana has focused much attention upon the harsh immigration consequences of such adjudications for the permanent resident alien. Under section 241(a)(11) of the Immigration and Nationality Act (INA), an alien convicted of possession of marijuana is deportable, and only limited means of relief are available. Due to its severity, however, the section has not been viewed with favor by the courts or the Board of Immigration Appeals, and the result in recent years has been the increased use of a number of ploys either to evade …

The Immigration And Nationality Act Amendments Of 1976: Implications For The Alien Professional, Beverly F. Harris

Cleveland State Law Review

Although each major amendment of the Immigration and Nationality Act of 1952, the nation's first comprehensive immigration law, has had the positive effect of enhancing broad national policies, the position of the alien professional within the statutory framework has changed with each amendment. The result is that the professional must today comply with more requirements in order to enter the United States for the purpose of employment. The purpose of this Note is to analyze the changes in the immigration laws effected by the 1976 Immigration Act Amendments and the impact of these changes upon the alien professional.