Immigration Law Commons^™

Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek

Pace International Law Review

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).

This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.

This article …

Criminal Defense Attorneys And Noncitizen Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes In Those Laws May Affect Your Criminal Cases, Melinda Smith

Akron Law Review

This paper provides criminal defense attorneys with a basic background for understanding their noncitizen clients. First, this paper presents a sociological look at immigration in Part II, including a look at modern anti-immigration sentiment, the assimilation process, and the psychological effects of readjustment. Part III explains the basics of immigration law as well as the legal backdrop for the drastic changes in the laws affecting immigrants that took place in 1996. This segment includes a discussion of the constitutional rights historically afforded aliens, as well as the ways in which the scope of those rights has been narrowed by both …

Charles Demore V. Hyung Joon Kim: Antoher Step Away From Full Due Process Protections, Brian Smith

Akron Law Review

Part II of this note traces the development of substantive due process protections for aliens, including general due process jurisprudence, the statutory authority for detaining criminal aliens, significant Supreme Court decisions, and approaches taken by the circuit courts. Part III examines the Supreme Court’s decision in Hyung Joon Kim. Part IV evaluates the due process analysis used by the Court and addresses the implications of this decision. Part V of this note concludes that the Court’s strained departure from strict scrutiny and its failure to provide an adequate explanation of the departure will have implications for aliens, citizens, and future …

Warren County, Kentucky Court Records - Naturalization Papers (Sc 2924), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 2924. Naturalization and citizenship documents for six individuals residing in Warren County, Kentucky. Some of the documents were issued in other jurisdictions and filed with the Warren Circuit Court.

Marriage-Based Immigration For Same-Sex Couples After Doma: Lingering Problems Of Proof And Prejudice, Anna Carron

Northwestern University Law Review

In 2013, the Supreme Court changed the lives of thousands of same-sex couples in America by declaring the Defense of Marriage Act (DOMA) unconstitutional in United States v. Windsor. This decision allowed same-sex spouses to receive the same marriage-based immigration benefits under federal law that “traditional marriages” had long received. Although this holding is a victory for binational same-sex couples, bias still exists in the practices U.S. Customs and Immigration Services (USCIS) uses to evaluate the legitimacy of marriages. This bias manifests itself in the proof USCIS requires to show a relationship is bona fide, proof that often assumes …

The Historical Amnesia Of Contemporary Federalism Debates, Anna O. Law

Publications and Research

The article explores competing interpretations of immigration federalism in the 18th century. I argue that the 1787 Constitution did not clearly place authority to manage migration with the national government. In fact the Constitution does not discuss entry/exit policy, including the power of deportation. The debates over the Alien and Sedition Acts illustrate the diversity of opinions about the proper balance of authority between the subnational and national governments in migration. Debates over the potential expansion of national power were particularly heated in the antebellum period because migration and slave policy were inextricably linked. In the end, whatever guidance the …

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …

Access To Justice For Asylum Seekers: Developing An Effective Model Of Holistic Asylum Representation, Sabrineh Ardalan

University of Michigan Journal of Law Reform

Abducted, beaten, and tortured by government forces that accused him of supporting an opposition group, Matthew fled to the United States with the help of his church pastor.1 The pastor lent Matthew money and helped him obtain a passport and a visa. The pastor also put Matthew in touch with an acquaintance in Boston, who gave him a place to stay for a short time and encouraged him to apply for asylum. The acquaintance sat down with Matthew and helped him fill out the asylum application form. He told Matthew to be as specific and detailed as possible since that …

Remote Adjudication In Immigration, Ingrid V. Eagly

Northwestern University Law Review

This Article reports the findings of the first empirical study of the use of televideo technology to remotely adjudicate the immigration cases of litigants held in detention centers in the United States. Comparing the outcomes of televideo and in-person cases in federal immigration courts, it reveals an outcome paradox: detained televideo litigants were more likely than detained in-person litigants to be deported, but judges did not deny respondents’ claims in televideo cases at higher rates. Instead, these inferior results were associated with the fact that detained litigants assigned to televideo courtrooms exhibited depressed engagement with the adversarial process—they were less …

The Political Discourse Of Amnesty In Immigration Policy, Bryn Siegel

Akron Law Review

This Article attempts to inform the reader on how politics surrounding the term itself has distracted lawmakers, and caused an ineffective backlash against all legalization measures. The deadlock which has prevented George W. Bush’s administration from making any significant changes to the INA can be largely attributed to this fundamental concern over amnesty...In an effort to resolve the dilemma of how to address the undocumented immigrant problem, this Article proposes two changes to the INA. First, Congress should reenact Section 245(i). This code section provides an opportunity for undocumented immigrants to legalize their status. Section 245(i) applies only to a …

If You Want Something Done Right . . .: Chicanos Por La Causa V. Napolitano And The Return Of Federalism To Immigration Law, Randall G. Shelley Jr.

Akron Law Review

Part II of this note will explore the background of the issues involved in Chicanos Por La Causa by looking at them through the lens of federal immigration policy. This will include an in-depth assessment of IRCA, including the goals and policies that drove Congress to enact it. The discussion will then delve into the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the new employee verification system that accompanied it. Next, this note will examine federal-state cooperation under IRCA. The background will then conclude with a look at the Legal Arizona Workers Act. Part III of this …

Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner

Akron Law Review

The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …

The Inquisitorial Advantage In Removal Proceedings, Won Kidane

Akron Law Review

A thoughtful student once asked an immigration judge during an informal exchange: “If the respondent in your court who has just been found deportable appears to qualify for cancellation of removal but has failed to fill out the form properly, what would you do?” The judge responded matter-of-factly, “I am not his attorney. If the application is not completed properly, I don’t have an application to consider.” It goes without saying that the judge would then order the respondent deported for not submitting a properly completed application for relief. The judge’s response might have seemed harsh or even insensitive to …

El Camino Hacia El Extranjero, Lupita M. Murillo

World Languages and Cultures

This project focuses on capturing the life of two Mexican individuals who later encountered in the United States. The intent of this senior project is to interview my mother and father to see through their eyes the life they had in Mexico, their motivation to cross the border, the difficulties of crossing the border and assimilating to the new culture. These interviews will be a basis for this novel so that the reader can see how the American Dream came with struggle and pain. Each chapter will close at a common point in both character’s life so that the reader …

Diario De Perla Jimenez, Brenda Dorantes

World Languages and Cultures

The aim of this project is to present the effect of the immigration issue in the United States, with a direct focus in San Luis Obispo, and including a spread of intercultural knowledge between the Hispanic and the Caucasian community. Through a fictional short story, the manifestation of these ideas will relate to current events occurring in our society today. These events focus primarily on immigration in California, deportation issues, socioeconomic issues in Mexico, and the cultural barrier seen in Mexican and American cultures; expressed through the main character: a young college student named Perla.

My primary goal in completing …

Constitutional Constraints On Asylum Termination By The United States Department Of Homeland Security, Jonathan Raz

Cardozo Law Review

No abstract provided.

The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Deliberate Destitution As Deterrent: Withholding The Right To Work And Undermining Asylum Protection, Lori A. Nessel

San Diego Law Review

This Article critiques the United States’ bar on employment for asylum seekers on a number of fronts. Beginning with a historical perspective, I explore the more humane regime that existed in the United States until 1995. Under this prior system, asylum seekers with bona fide claims were permitted to work while their claims proceeded. This Article examine the underlying fears and policy goals that led Congress to dramatically curtail protection and the right to work for asylum seekers. By situating the prohibition on work for asylum seekers within the larger context of overall punitive immigration reforms and the increasing criminalization …

Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Perceptions Of Immigration In America, Manuel Cardoza

Student Scholar Symposium Abstracts and Posters

Throughout history the United States as a nation saw many waves of immigrants who collectively shaped and helped build the America we see today. Today immigration has become a prevalent issue that is impeding progress and potentially facilitating the rise of new conflicts in a country plagued by civil injustices toward minority groups who are feeling marginalized and discriminated. Immigration desperately needs the attention of the U.S government in order to reach a solution and stop a community from being ostracized. Much of this great nation has been formed and built on the fundamental idea of immigrant forces coming together …