Immigration Law Commons^™

Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf

Faculty Scholarship

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …

United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward

Maryland Law Review

No abstract provided.

Stringent Yet Flexible: Circuit Courts' Use Of The Substantial Evidence Test In Asylum Cases, Amy L. Moore

Law Faculty Scholarship

This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, …

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.

Catholic University Law Review

Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.

This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling …

Implementing The Refugee Eo: Add Grandparents, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A New Player Has Entered The Game: Immigration Reform For Esports Players, Bridget A.J. Whan Tong

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Finding A Right To Remain: Immigration, Deportation, And Due Process, Simon Y. Svirnovskiy

Northwestern Journal of Law & Social Policy

No abstract provided.

Papers Please: Immigration, Enforcement, And Remittances, Jose A. Rojas-Fallas

Student Research Symposium

Immigrants are an understated agent in local economies. Whilst legal immigrants may be accounted for in the macro realm, illegal immigrants are very much an externality. Immigrant agents participate heavily in local economies, almost exclusively, due to their status and the implicit risks associated with it. Immigrants’ decision to migrate towards better economies come with the goal of achieving prosperity that more than likely would not have been possible in their location of origin. A majority of immigrants are heads of households that migrate alone seeking greater wages to support their household. They do this through remittances. These are capital …

The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky

Law School Blogs

No abstract provided.

The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo

Distinguished Speaker Series

Leticia Saucedo is a Professor of Law at U.C. Davis School of Law. She is an expert in employment, labor, and immigration law and she teaches immigration law and employment law at U.C. Davis. She has developed experiential courses in international and domestic service learning that explore the immigration consequences of crime and domestic violence in a post-conflict society. She has been a visiting professor at Duke Law School and a research scholar with the Chief Justice Warren Institute on Race, Ethnicity and Diversity at U.C. Berkeley. Professor Saucedo’s research interests lie at the intersections of employment, labor, and immigration …

Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda

Cornell Law Library Prize for Exemplary Student Research Papers

U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015. Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.

The stakes are high—either a new life in the United States, or probable fatality at home if …