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Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Sean Rehaag, Angus Gavin Grant 2015 Osgoode Hall Law School of York University

Unappealing: An Assessment Of The Limits On Appeal Rights In Canada's New Refugee Determination System, Sean Rehaag, Angus Gavin Grant

Osgoode Legal Studies Research Paper Series

Canada’s refugee determination system was revised in 2012. One key feature of the new process is a quasi-judicial administrative appeal, on matters of both fact and law, at the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). Under the new process, however, many claimants are denied access to the RAD.

This article assesses these limits on access to the RAD, drawing mostly on quantitative data obtained from the IRB and Citizenship and Immigration Canada through access to information requests. Our aim is to provide evidence-based analysis and recommendations for reform. Essentially, our conclusions are that the bars …


The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia 2015 Penn State Law

The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia

American University Law Review

No abstract provided.


Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher 2015 University of Oklahoma College of Law

Give And Take? Procedure, Practicalities, And Policy In Naturalization Appellate Jurisdiction, Kelsey Frobisher

Oklahoma Law Review

No abstract provided.


Chae Chan Ping At 125: An Introduction, Kit Johnson 2015 University of Oklahoma College of Law

Chae Chan Ping At 125: An Introduction, Kit Johnson

Oklahoma Law Review

No abstract provided.


The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889), 2015 University of Oklahoma College of Law

The Case: Chae Chan Ping V. United States, 130 U.S. 151 (1889)

Oklahoma Law Review

No abstract provided.


Why Immigration’S Plenary Power Doctrine Endures, David A. Martin 2015 University of Virginia

Why Immigration’S Plenary Power Doctrine Endures, David A. Martin

Oklahoma Law Review

The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …


Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda 2015 University of Oklahoma College of Law

Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda

Oklahoma Law Review

With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues that the two concepts—the state’s greater duty toward its own citizens (the particular) and equal dignity and worth of all human beings (the universal)—go hand in hand: complementing each other and giving the state a qualified right to limit immigration along with a qualified duty to admit vulnerable …


Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero 2015 Penn State University

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Oklahoma Law Review

No abstract provided.


Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson 2015 University of California at Davis

Immigration In The Supreme Court, 2009-13: A New Era Of Immigration Law Unexceptionalism, Kevin R. Johnson

Oklahoma Law Review

No abstract provided.


Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor 2015 University of California at Davis

Chae Chan Ping V. United States: Immigration As Property, Rose Cuison Villazor

Oklahoma Law Review

No abstract provided.


“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson 2015 Wake Forest University

“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson

Oklahoma Law Review

No abstract provided.


Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes 2015 St. Mary's University School of Law

Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes

Faculty Articles

No abstract provided.


Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath 2015 St. Mary's University

Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath

St. Mary's Law Journal

Abstract Forthcoming.


Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless 2015 University of Miami School of Law

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Articles

In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would …


Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan 2015 St. Thomas University College of Law

Bringing Operation Pedro Pan Back From Never Never Land: Is Ina 207(B) The President's Solution To The Humanitarian Crisis At The Border, Emily C. Callan

St. Thomas Law Review

The choice to bestow refugee designation on the growing unaccompanied minor children population would no doubt carry far-reaching and long-lasting consequences of its own. Because of these potential important and complex ramifications, a closer examination of the implications of the President utilizing his authority under Section 207(b) must be undertaken. To do so, Part I of this article provides a brief description of the origin of refugee law in general and Section 207(b) in particular. Part II explains the previous instances wherein past presidents exercised their authority to help foreign nationals seek refuge in the United States. Part III further …


Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Douglas M. Spencer, Gabriel J. Chin 2015 University of Connecticut School of Law

Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Douglas M. Spencer, Gabriel J. Chin

Faculty Articles and Papers

No abstract provided.


Demanding Identity Papers, Jonathan T. Weinberg 2015 Wayne State University

Demanding Identity Papers, Jonathan T. Weinberg

Law Faculty Research Publications

No abstract provided.


Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla 2015 Wayne State University

Jobs Looking For People, People Looking For Their Rights: Seeking Relief For Exploited Immigrant Workers In North Dakota, Sabrina Balgamwalla

Law Faculty Research Publications

No abstract provided.


The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia 2015 Penn State Law

The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Faculty Scholarship

This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.


Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero 2015 Penn State Law

Elusive Equality: Reflections On Justice Field’S Opinions In Chae Chan Ping And Fong Yue Ting, Victor C. Romero

Faculty Scholarship

For immigration scholars, Justice Field is perhaps best remembered for his majority opinion in Chae Chan Ping v. United States, the Supreme Court’s decision upholding Chinese exclusion, and credited for introducing the plenary power doctrine to immigration law. Yet, despite the opinion’s xenophobic rhetoric reflecting his personal views of the Chinese, Justice Field dissented in Fong Yue Ting v. United States, reasoning that, once they became lawful residents, the Chinese were entitled to be treated as equals under the law regardless of citizenship, a position supported by his earlier federal circuit court opinion in Ho Ah Kow v. …


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