Comparative Perspectives On Statelessness And Persecution,
2015
Brooklyn Law School
Comparative Perspectives On Statelessness And Persecution, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases,
2015
University of Miami Law School
Leave The Door Open: Mental Incompetency And The Case For A Clear Standard Of Equitable Tolling In Immigration Cases, Claire M. Wheeler
University of Miami Race & Social Justice Law Review
No abstract provided.
The Status Of Nonstatus,
2015
Valparaiso University
The Status Of Nonstatus, Geoffrey Heeren
Law Faculty Publications
No abstract provided.
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings,
2015
Seattle University School of Law
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton
Seattle University Law Review
Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …
Unseen Exclusions In Voting And Immigration Law,
2015
Touro University Jacob D. Fuchsberg Law Center
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confronting Cops In Immigration Court,
2015
William & Mary Law School
Confronting Cops In Immigration Court, Mary Holper
William & Mary Bill of Rights Journal
Part I of the Article outlines the police report problem by discussing the four situations in which police reports are used in immigration court, why police reports are unreliable, and the scope of the problem. Part II discusses criminal laws treatment of police reports, focusing on the Confrontation Clause of the Sixth Amendment, which provides the constitutional justification for excluding police reports in criminal cases. Part III discusses the use of hearsay evidence in immigration cases, where hearsay is allowed due to the characterization of removal proceedings as civil, not criminal. While there has been a trend to reject unreliable …
Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far,
2015
William & Mary Law School
Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus
William & Mary Bill of Rights Journal
Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized persons citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens First Amendment rights to free …
Refugee Status For Soviet Jewish Immigrants To The United States,
2015
Touro University Jacob D. Fuchsberg Law Center
Refugee Status For Soviet Jewish Immigrants To The United States, Victor Rosenberg
Touro Law Review
No abstract provided.
Citizenship For The Guest Workers Of The Commonwealth Of The Northern Mariana Islands,
2015
University of California at Davis School of Law
Citizenship For The Guest Workers Of The Commonwealth Of The Northern Mariana Islands, Rose Cuison Villazor
Chicago-Kent Law Review
This essay explores an underexamined yet compelling immigration issue: whether Congress should confer to long-term guest workers in the Common-wealth of the Northern Mariana Islands (CNMI) a path to lawful permanent residence and citizenship. The issue has led to contentious debates between groups arguing for a fair and equitable result for the guest workers and groups advocating for the indigenous peoples of the CNMI who fear loss of political power. Contend-ing that both arguments raise important anti-subordination claims, this essay argues that resolution of the issue requires a close examination of the historical, cultural and economic factors that led to …
Newsroom: A New Voice For Access To Justice,
2015
Roger Williams University
Newsroom: A New Voice For Access To Justice, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Deconstructing And Reconstructing Rights For Immigrant Children,
2015
University of New Hampshire School of Law
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Law Faculty Scholarship
Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …
Getting To Group Under U.S. Asylum Law,
2015
Notre Dame Law School
Getting To Group Under U.S. Asylum Law, Jillian Blake
Notre Dame Law Review Reflection
In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are unworkable, …
Nexus Redux,
2015
Rutgers University - Newark
Nexus Redux, Anjum Gupta
Indiana Law Journal
Pursuant to its obligations under international law, the U.S. government has agreed to provide protection to individuals who fear persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group, or political opinion. This protection in the United States takes the form of asylum, and the asylum statute states that the United States will protect individuals from persecution that occurred or will occur “on account of” one of those grounds. The Supreme Court has stated that in order to meet the “on account of” or “nexus” requirement, an asylum applicant must provide some evidence, …
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border,
2015
University of the District of Columbia School of Law
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
West Virginia Law Review
No abstract provided.
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii,
2015
University of Pennsylvania
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman
West Virginia Law Review
No abstract provided.
The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children,
2015
Louisiana State University Law Center
The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson
Journal Articles
No abstract provided.
Undocumented No More: The Power Of State Citizenship,
2015
Benjamin N. Cardozo School of Law
Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz
Articles
An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa,
2015
University of the District of Columbia School of Law
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
University of the District of Columbia Law Review
Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …
26 States Sue Obama Over Immigration Plan,
2015
Western New England University School of Law
26 States Sue Obama Over Immigration Plan, Lauren Carasik
Media Presence
No abstract provided.
Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico,
2015
University of Georgia School of Law
Immigration Reform - Provisions In The Proposed Immigration Reform And Control Act Of 1985 Permitting The Use Of Temporary Foreign Workers In The United States - Importing Labor From Mexico, Andrew W. Baker
Georgia Journal of International & Comparative Law
No abstract provided.
