When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990,
2014
Osgoode Hall Law School of York University
When Do Human Rights Treaties Help Asylum Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
Osgoode Hall Law Journal
This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict the circumstances under which domestic courts in Canada reference treaties in ways that help refugees obtain relief. This new theoretical approach adds to the literature on treaty effectiveness in the litigation context by suggesting that the extent to which Canadian domestic courts reference treaties in ways that help refugees depends on several factors, including the manner in which those treaties …
Immigration's Family Values,
2014
Duke Law School
Immigration's Family Values, Kerry Abrams, R. Kent Piacenti
Faculty Scholarship
No abstract provided.
Introduction: Gender In Refugee Law: From The Margins To The Centre,
2014
Allard School of Law at the University of British Columbia
Introduction: Gender In Refugee Law: From The Margins To The Centre, Efrat Arbel, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress towards appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including …
The Ideology Of Temporary Labour Migration In The Post-Global Era,
2014
Allard School of Law at the University of British Columbia
The Ideology Of Temporary Labour Migration In The Post-Global Era, Catherine Dauvergne, Sarah Marsden
All Faculty Publications
In this chapter, we seek to explore the potential of new temporary labour migration programs to yield different outcomes than earlier guestworker programs in the 1980s and 1990s. By looking at key elements of temporary labour migration we assess the potential for an alternative trajectory for understanding and reframing the discussion in terms which are capable of responding in a more emancipatory way to the lived experiences of migrant workers. We have identified three concepts central to most analyses of temporary migration policies and programs: temporariness, the labour market, and rights. Our central contention is that these concepts function ideologically, …
An 'I Do' I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage,
2014
Southern Methodist University, Dedman School of Law
An 'I Do' I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi
Faculty Journal Articles and Book Chapters
There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be "sacred" and "fundamental to…existence." Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a "persecutory" act. She may therefore be forced to spend a …
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel,
2014
Southern Methodist University, Dedman School of Law
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the possibility of permanent removal from the United States. These circumstances make the immigration system a unique case study for exploration of …
Gendered Border Crossings,
2014
Allard School of Law at the University of British Columbia
Gendered Border Crossings, Efrat Arbel
All Faculty Publications
Nine years after the implementation of the Canada-US Safe Third Country Agreement (STCA), this chapter examines the STCA while asking the question: what about gender? How have initial concerns about the STCA’s adverse gender impact mapped onto the current, much-altered landscape of Canadian refugee law? The chapter revisits findings made in Bordering on Failure, a recent report I co-authored about the STCA, in an effort to read gender into its absence. I begin by charting an overview of the STCA’s operation and effect to provide context for discussion. I then revisit the central findings made in Bordering on Failure, paying …
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona,
2013
Fordham University
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
The Fordham Undergraduate Research Journal
This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …
The Plight Of Kenyan Domestic Workers In Gulf Countries,
2013
University of San Francisco
The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru
Master's Theses
Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …
Time For Lawyers To Confront Anti-Roma Stereotypes,
2013
Osgoode Hall Law School of York University
Time For Lawyers To Confront Anti-Roma Stereotypes, Sean Rehaag
Editorials and Commentaries
No abstract provided.
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators,
2013
Barry University School of Law
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Michigan Journal of Race and Law
Immigration is currently a hot topic; discussion of immigration reform and the problems in our current system appear in the news virtually every day. There is widespread consensus that our current immigration system is “broken,” but there is little agreement on why and even less on what should be done to fix it. These are difficult and important questions, involving many complex interrelated factors. While I do not hope and cannot aim to answer them completely in this Article, I will argue that in doing so we must consider an often overlooked and generally understudied issue: the effects of trauma …
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement,
2013
University of Michigan Law School
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
Michigan Journal of Race and Law
In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights,
2013
DePaul University College of Law
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Michigan Journal of Race and Law
At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …
Members Only: Undocumented Students & In-State Tuition,
2013
William & Mary Law School
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure,
2013
University of San Diego
Achieving The Dream: Extending Immigration Reform To Administrative Case Closure, Tory E. Smith
San Diego Law Review
This Comment compares DACA to administrative case closure and argues that Congress or the President should grant employment authorization to individuals whose cases have been administratively closed. Part I describes the current interpretation of the employment authorization regulation and provides the background of administrative case closure. Part I highlights the disparate treatment that the regulation affords to undocumented immigrants facing deferred action and administrative closure—offering employment authorization to only deferred action recipients. Part II examines the history of deferred action in immigration cases and uses DACA as a framework to show how the scope of the employment authorization regulation should …
Daca And Ny Bar Eligibility,
2013
CUNY School of Law
Daca And Ny Bar Eligibility, Janet M. Calvo, Shirley Lung, Alizabeth Newman
City University of New York Law Review
No abstract provided.
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform,
2013
Seattle University School of Law
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver,
2013
Pepperdine University
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications,
2013
Seattle University School of Law
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis,
2013
Seattle University School of Law
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
