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 5521 - 5550 of 5644

Full-Text Articles in Immigration Law

Suspension Of Deportation: Illusory Relief, Sylvia G. Cole Dec 1976

Suspension Of Deportation: Illusory Relief, Sylvia G. Cole

San Diego Law Review

Although suspension of deportation was intended to ameliorate hardship, the process is extremely difficult for the alien. Statutory requirements are harshly construed, and discretion abitrarily exercised. The statute is hedged with restrictions that make relief difficult for the alien to attain. These obstacles clearly contradict the purpose behind section 244 as enunciated in Wadman v. Immigration and Naturalization Service. However, in spite the legislative purpose, the requirements are strictly construed and discretion inscrutably withheld, making suspension of deportation an illusory promise of relief.

Go to article

Foreword, Edward M. Kennedy Dec 1976

Foreword, Edward M. Kennedy

San Diego Law Review

Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience. Such a policy would be but a reaffirmation of old principles. It would be an expression of our agreement with George Washington that "the bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and …

Go to article

Sex And The Immigration Laws, Maurice A. Roberts Dec 1976

Sex And The Immigration Laws, Maurice A. Roberts

San Diego Law Review

This Article will examine the various statutory provisions which have provoked official interest in the sex lives of aliens and the standards by which official judgments have been made. The question of how realistic some of the standards are and the impact of certain statutory provisions upon the overall problem of immigration law enforcement will also be discussed. Although most of the items treated derive from provisions of the present Immigration and Nationality Act, enacted in 1952, the provisions of prior legislation are also germane, for the current law has no statute of limitations and thus reaches back to make …

Go to article

Recent Developments In Immigration Law 1976, Mitchell D. Gravo Dec 1976

Recent Developments In Immigration Law 1976, Mitchell D. Gravo

San Diego Law Review

This Article will discuss significant recent developments in immigration law. Important immigration legislation of the 94th Congress, regulations under the Immigration and Nationality Act since their yearly revision, and immigration decisions by the nation's courts within the past year will be noted and analyzed. The scope of this synopsis makes detailed analysis of each development impossible. However, interrelated developments will be discussed together and significant trends will be briefly explained.

Go to article

The Nonpriority Program Of The Immigration And Naturalization Service Goes Public: The Litigative Use Of The Freedom Of Information Act, Leon Wildes Dec 1976

The Nonpriority Program Of The Immigration And Naturalization Service Goes Public: The Litigative Use Of The Freedom Of Information Act, Leon Wildes

San Diego Law Review

The purpose of this Article is to make the practicing bar more fully aware of the nonpriority program. In addition, this Article will describe how the FOIA can be used as an information gathering device and as a litigation tool.

Go to article

An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini Dec 1976

An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini

San Diego Law Review

Unfortunately, the provisions of section 212(a)(14) of the Immigration and Nationality Act appear to present the contradiction described in the above colloquy. In reality, the contradiction is created more in actual practice by employers than in the theory of labor certification. Nevertheless, major problems concerning labor certification procedures do exist. This Article will discuss the current problems of labor certification procedure by tracing the administrative process from application to review of denials and judicial review from jurisdiction to remedy.

Go to article

Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman Dec 1976

Practical Aspects Of Representing An Alien At A Deportation Hearing, Jack Wasserman

San Diego Law Review

This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.

Go to article

Right To Counsel In Deportation Proceedings, Iring A. Appleman Dec 1976

Right To Counsel In Deportation Proceedings, Iring A. Appleman

San Diego Law Review

Does an indigent alien have a right to assigned counsel in deportation proceedings? The likelihood seems remote because the statute states that "the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose. Nevertheless, recent decisions have emphasized a persistent judicial concern in this area. This Article's purpose is to present an overview of the representation of aliens in deportation cases and specifically to inquire whether there is either an irrefutable legal basis for a requirement of assigned counsel or a felt need. …

Go to article

Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr. Dec 1976

Procedural Aspects Of Illegal Search And Seizure In Deportation Cases, Austin T. Fragomen Jr.

San Diego Law Review

This Article will outline the procedural guidelines with which counsel must be familiar, highlight the practical measures that must be undertaken by the practitioner litigating a deportation action, and catalogue the various stages of a deportation proceeding.

Go to article

How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki Dec 1976

How To Immigrate To The United States: A Practical Guide For The Attorney, Joseph Samuel Konowiecki

San Diego Law Review

This Comment is addressed to the attorney who has had no previous exposure to immigration law. It collects from a myriad of sources the rules, regulations, and procedures required of an attorney to successfully immigrate an alien.

Go to article

Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno Dec 1976

Alien Checkpoints And The Troublesome Tetralogy: United States V. Martinez-Fuerte, Victor Salerno

San Diego Law Review

The thesis of this Comment is that the foregoing contention cannot withstand careful examination. The Government's need to conduct routine checkpoint operations is no greater than its need to conduct roving patrol operations. With the former, the intrusion on fourth amendment rights is as onerous, and the overall burden on lawful traffic is more considerable. In addition, the Court made several questionable factual assumptions and altered the traditional allocation of the burden of proof with respect to warrantless law enforcement conduct. This Comment will summarize the factual context of the case, examine the Ninth Circuit's holding, which the Supreme Court …

Go to article

Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray Dec 1976

Preemption In The Field Of Immigration: Decanas V. Bica, Francis X. Pray

San Diego Law Review

An understanding of the DeCanas decision is facilitated by an initial examination of the general elements of the preemption doctrine. A working definition of preemption will be given. This definition will be considered in its two forms: preemtion which is constitutionally mandated and that which is congressionally mandated.

Go to article

Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo Dec 1976

Afterword:The Immigration And Nationality Act Amendments Of 1976, Stephen H. Legomsky, Mitchell D. Gravo

San Diego Law Review

On October 20, 1976, President Ford signed into law a bill effecting the first major revisions of the Immigration and Nationality Act since the 1965 Amendments. The 1976 Amendment contains a number of noncontroversial provisions designed to eliminate inequalities between the Eastern and Western Hemisphere immigrant selection systems. However, it also contains two controversial provisions expected to have a major adverse impact on intending immigrants from the Western hemisphere in general, and from Mexico in particular.

Go to article

Fiallo V. Bell, Lewis F. Powell Jr. Oct 1976

Fiallo V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Go to article

Citizenship Ceremony, Monticello, Charlottesville, Virginia, Lewis F. Powell Jr. Jul 1976

Citizenship Ceremony, Monticello, Charlottesville, Virginia, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Go to article

Introduction, Bernard D. Reams Jr. Jan 1976

Introduction, Bernard D. Reams Jr.

Faculty Articles

The law of immigration and nationality is becoming an increasingly important topic in legal literature. This introductory volume of Immigration and Nationality Law Review represents an attempt to provide a centralized annual forum for the leading articles in this area of American law. Normally, leading legal periodical articles on the subjects of immigration, nationality, and alienage, are spread throughout various law journals. At best, materials germane to this subject have occasionally appeared in special law review issues or symposium volumes published by various American law schools. However, considering the growing relevance and concerns of immigration and nationality in the United …

Go to article

The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss Jan 1976

The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss

Michigan Law Review

Only rarely in the study of Supreme Court history do events, personalities, records, and historical sources converge to afford an intimate view of that institution. Schneiderman v. United States, in its own right an important decision in the field of denaturalization law, provides such an opportunity. The manuscript collections of the major adversaries on the Court are well-preserved, and a surviving major figure from among the parties to ·the litigation has provided personal insight into the intricacies of the case.

Go to article

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears Jan 1976

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

Go to article

The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1976

The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Go to article

Federal Jurisdiction And Procedure, Various Editors Jan 1976

Federal Jurisdiction And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr. Dec 1975

Searching For Illegal Aliens: The Immigration Service Encounters The Fourth Amendment, Austin T. Fragomen Jr.

San Diego Law Review

The intent of this Article is to outline the clearly emerging constitutional standards which the Supreme Court has said attach to the broad powers granted to immigration officials. Historically, there was never any constitutional logic supporting the position that the fourth amendment's protections should not apply to immigration-related searches removed from the actual border. Recent judicial decisions support this conclusion.

Go to article

The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke Dec 1975

The Doctrine Of Preemption And The Illegal Alien: A Case For State Regulation And A Uniform Preemption Theory, Patricia D. Benke

San Diego Law Review

This Article is intended to explore the propriety of the rulings on section 2805 of the California Labor Code, enacted in 1971. That statute provides in pertinent part: "No employer shall knowingly employ an alien who is not entitled to lawful residence in the United States if such employment would have an adverse effect on lawful resident workers." The Author argues that the threshold question in constructing a uniform preemption theory should be whether the relevant subject matter is one which is inherently federal, i.e., it involves an area of law restricted to federal control because of constitutional mandates or …

Go to article

The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts Dec 1975

The Exercise Of Administrative Discretion Under The Immigration Laws, Maurice A. Roberts

San Diego Law Review

This Article examines the exercise of administrative discretion under the immigration laws under practical considerations. In terms of human misery, the potential impact of our immigration laws can hardly be overstated. With minor exceptions, the immigration laws operate directly and exclusively upon human beings whose hopes for future happiness in a realistic sense frequently depend on their ability to enter, or remain in, this land of freedom and opportunity. The statutes themselves contain a built-in potential for hardship which is to some extent unavoidable. To afford some opportunity for relief from the hardships that inevitably result from the application of …

Go to article

Foreword, Peter W. Rodino Jr. Dec 1975

Foreword, Peter W. Rodino Jr.

San Diego Law Review

The immigration laws in our country have been influenced by population growth and distribution, as well as economic and political conditions both in the United States and foreign nations. Such influences have caused significant variations in patterns of immigration throughout our nation's history. It is important for us to remember our distinguished immigrant heritage when commenting upon past immigration policy and projecting as to the future of our immigration laws.

Go to article

The Need To Modernize Our Immigration Laws, Charles Gordon Dec 1975

The Need To Modernize Our Immigration Laws, Charles Gordon

San Diego Law Review

The Author describes and discusses some statutory changes he believes to be desirable in immigration legislation. He argues that immigration legislature does not occupy a very high priority among Congressional concerns. Moreover, those who favor statutory revisions are often reluctant to propose them, since past experience has demonstrated to them that stirring the legislative pot may produce a stew even less palatable than that now available. The suggestions he proposes include simplifying the statutory structure and creating discretionary authority to waive grounds for exclusion.

Go to article

A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr. Dec 1975

A Look At Illegal Immigration: Causes And Impact On The United States, Leonard F. Chapman Jr.

San Diego Law Review

This brief Article discusses illegal immigration into the United States and its effects on the country. The Author argues that the problem of illegal immigration has grown to the point where it is out of control, and our nation faces the dim prospect of even greater numbers of aliens pouring into the country unless steps are taken soon to halt the movement.

Go to article

A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame Dec 1975

A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame

San Diego Law Review

The major failure of present laws dealing with the immigration regulations is in the area of labor importation, certification and control. Over 90 percent of all problems facing the Immigration and Naturalization Service emanate from illegal-entrant alien workers. The purpose of this Article is to illustrate failures of the present laws, consider proposed remedies, and offer an alternative route for alleviation of the problem. The authors' proposal is directed toward further economic research, sociological studies and comprehensive political analyses to propose a legislative package which would completely supplant the present Act.

Go to article

Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen Dec 1975

Search And Seizure On The Highway For Immigration Violations: A Survey Of The Law, Sam Bersen

San Diego Law Review

This Article surveys the law regarding the search and seizure on the highway for immigration violations. The Immigration and Nationality Act enumerates 18 deportable classes, ranging from aliens who were inadmissible at any time of entry or entered without inspection, to aliens who, after entry, were convicted of certain crimes or who performed or failed to perform certain acts. This Article explores the INS and evaluates its impacts.

Go to article

Grounds And Procedures Relating To Deportation, Jack Wasserman Dec 1975

Grounds And Procedures Relating To Deportation, Jack Wasserman

San Diego Law Review

Since the enactment of the 1952 Immigration and Nationality Act, our laws contain the most detailed and complicated enumeration prescribed anywhere in the world for the deportation and disqualification of aliens seeking admission or to retain residence in a sovereign nation. The severity and arbitrary character of our deportation laws stems not only from the substantive grounds but also from the absence of a statute of limitations and the retroactive application of the deportation mandate. There is a failure to forgive past sins and a failure to overlook minor infractions which do not warrant the drastic penalty of deportation.

Go to article

City Of New Orleans V. Dukes, Lewis F. Powell Jr. Oct 1975

City Of New Orleans V. Dukes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Go to article

First Prev Next Last