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Borders, Bans, And Courts In The European Union, Maryellen Fullerton 2018 Brooklyn Law School

Borders, Bans, And Courts In The European Union, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will 2018 Cornell Law School, J.D. Candidate, 2019

The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will

Cornell International Law Journal

The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the international …


From Guantánamo To Syria: The Extraterritorial Constitution In The Age Of "Extreme Vetting", Shawn E. Fields 2018 University of San Diego School of Law

From Guantánamo To Syria: The Extraterritorial Constitution In The Age Of "Extreme Vetting", Shawn E. Fields

Cardozo Law Review

This Article examines for the first time in scholarly literature whether and to what extent the Constitution applies extraterritorially to immigrants abroad. In particular, it explores whether non-detained immigrants and refugees outside the territorial boundaries of the United States can claim constitutional protection to challenge immigration policies and orders. The Supreme Court's recent willingness to reconsider the limits of the political branches' "plenary power" over immigration law and policy, coupled with the Court's recent extension of the Constitution to certain classes of extraterritorial noncitizens, suggests that a future role may exist for extraterritorial jurisprudence to inform constitutional immigration law. Using …


The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers 2018 Penn State Dickinson Law

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review (2017-Present)

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …


Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies 2018 Roger Williams University School of Law

Bans, Borders, And Sovereignty: Judicial Review Of Immigration Law In The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro 2018 Gettysburg College

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.


Pardoning Immigrants, Peter L. Markowitz, Lindsay Nash 2018 Benjamin N. Cardozo School of Law

Pardoning Immigrants, Peter L. Markowitz, Lindsay Nash

Articles

In the waning days of the Obama Administration, with Trump’s promised immigration crackdown looming, over one hundred advocacy organizations joined forces to urge President Obama to permanently protect hundreds of thousands of immigrants from deportation by pardoning their breaches of civil immigration law. That pardon never materialized and, as expected, the Trump enforcement regime is sowing terror and devastation in immigrant communities nationwide. While it seems unfathomable that the current president would use his pardon power to mitigate even the most extreme applications of our nation’s immigration laws, there is unfortunately no indication that the harshest aspects of the immigration …


The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan 2018 University of Richmond

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.


2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz 2018 University of Richmond

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Keynote Address, Shahan Mufti 2018 University of Richmond

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro 2018 University of Richmond

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa 2018 University of Richmond

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy 2018 University of Richmond

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.


The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro 2018 University of Richmond

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence …


Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan 2018 University of Richmond

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U status is thus …


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma 2018 Pepperdine University

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod 2018 Legal Aid Justice Center

Damaged Bodies, Damaged Lives: Immigrant Worker Injuries As Dignity Takings, Rachel Nadas, Jayesh Rathod

Chicago-Kent Law Review

Government data consistently affirms that foreign-born workers in the U.S. experience high rates of on-the-job illness and injury. This article explores whether—and under what circumstances—these occupational harms suffered by immigrant workers constitute a dignity taking. The article argues that some injuries suffered by foreign-born workers are indirect takings by the state due to the government’s lackluster oversight and limited penalties for violations of occupational safety and health laws. Using a framework of the body as property, the article then explores when work-related injury constitutes an infringement upon a property right. The article contends that the government’s weak enforcement apparatus, coupled …


Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong 2018 Marquette University Law School

Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong

Marquette Law Review

None


Preventing Erroneous Expedited Removals: Immigration Judge Review And Requests For Reconsideration Of Negative Credible Fear Determinations, Katherine Shattuck 2018 University of Washington School of Law

Preventing Erroneous Expedited Removals: Immigration Judge Review And Requests For Reconsideration Of Negative Credible Fear Determinations, Katherine Shattuck

Washington Law Review

The Central American refugee crisis has renewed criticism of expedited removal, which allows immigration officials to remove without a hearing certain noncitizens who seek to enter or have entered the United States. Asylum seekers who arrive at the border or ports of entry without entry documents undergo a screening process to determine whether they have a “credible fear of persecution.” An individual who receives a positive credible fear determination is entitled to a full hearing before an immigration judge. In contrast, an individual who receives a negative credible fear determination is typically subjected to expedited removal. Scholars and human rights …


The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías 2018 Texas A&M University School of Law

The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías

Faculty Scholarship

This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …


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