Download or read book The Accidental History of the U S Immigration Courts written by Alison Peck and published by Univ of California Press. This book was released on 2022-05-10 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.
Download or read book Immigrants in Courts written by Joanne I. Moore and published by University of Washington Press. This book was released on 2000-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hundreds of thousands of immigrants enter the United States each year, and the number appearing in U.S. courts is rising in many states. Immigrants in Courts addresses their access to justice in the United States and the procedural obstacles they face. Immigrants� cultural and linguistic dilemmas in court are explored through their words and the reports of judges, attorneys, and court interpreters. Techniques for responding to the problem are examined in this readable and informative text. Immigrants in Courts provides judges, court staff, and advocates with ready information about the legal and cultural systems under which many immigrants grew up. Legal experts discuss the legal systems of four countries--China, Mexico, Russia, and Vietnam--and of the Muslim world. They explore not only how the law appears on the books but how the general population of a country perceives its legal system and how perceptions affect expectations in the new country.
Download or read book Approaching the Bench from Inside the Immigration Court written by William K. Zimmer and published by AuthorHouse. This book was released on 2013-04-09 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the immigration court seasoned with observations and some anecdotal humor. The book also serves as a practical guide for attorneys and laymen who are interested in immigration matters within the jurisdiction of the United States immigration courts. In addition, this book provides a historical overview of the evolution of immigration law in relation to the role of the Immigration Judge, including suggestions for improvements in the institutions that enforce and administer United States immigration law.
Download or read book The Immigrant s Day in Court written by Kate Holladay Claghorn and published by . This book was released on 1923 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notice to Appear written by Austin C. Kocher and published by . This book was released on 2017 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation focuses on the legal geographies of the U.S. immigration court system and its role within the broader project of immigration policing, detention, and deportation. The fieldwork for the project comes from interviews, courtroom observation, archival research, and participant observation with attorneys and their clients. I draw upon the work of political geographers who theorize borders as contingent phenomena which is dispersed unevenly across space, creating new geographies of legal vulnerability for immigrants. Immigration courts are spaces which connect the everyday practice of immigration law and politics with the rise of restrictive and punitive immigration control regimes, and provides significant insights into what it means to become illegalized through law. The production of immigrant il/legality through the courts depends upon a regime of knowledges and practices that inscribe immigrants into the legal logic of territorial states. I call this a `legal epistemology of illegality’. This legal epistemology depends upon geographic imaginaries of sending countries, purposefully ambiguous moral codes, documented and suspected criminality, sexual and racial identities, family relations, and competing narratives of self-sufficiency and victimhood. As a result, undocumented immigrants, illegal aliens, or `bogus’ asylees are not pre-existing objects of governance, but are subjects that have already had something done to them by the state. By calling into question the stability of legal status, I challenged the widespread uncritical acceptance of immigration status as a self-evident legal fact.
Download or read book Court of Injustice written by J.C. Salyer and published by Stanford University Press. This book was released on 2020-06-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.
Download or read book Litigating Immigration Cases in Federal Court written by Robert Pauw and published by . This book was released on 2020 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Law and Social Justice written by Bill Ong Hing and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. This innovative casebook approaches immigration law and policy from a public interest perspective with a special emphasis on issues of social justice. Along with cases and statutory material, Immigration Law and Social Justice employs a variety of materials from appellate cases, client examples, article excerpts, and hypotheticals. These materials not only provide the basic framework for immigration law, but also engage students with the greater social, political, and economic context necessary to understand the movement of immigrants to the United States, as well as the human impact of immigration law enforcement and administration. Through examples, notes and questions that raise the social, racial, and political questions of admission and enforcement, as well as discussion of public interest lawyers’ strategies, this casebook advances students’ understanding of the creative approaches used in the field. Ultimately, this book encourages students to think broadly about relevant social, economic, and political forces. New to the Second Edition: Supreme Court decisions on expedited removal and DACA Analysis of the Trump administration approaches to relief from removal, judicial review, and the rights of noncitizens Major Supreme Court decisions, including Trump v. Hawaii (Muslim ban) and Dimaya v. Sessions (2018) (aggravated felonies) Administrative decisions such as Matter of A-C-M- (material support bar), Matter of A-B- (domestic violence and particular social group) Developments in how immigration courts define convictions Additional/updated material on: History of U.S. immigration laws Race-conscious lawyering; racial justice and immigrant rights New ICE enforcement guidance under the Biden administration; U.S. v. California (upholding California’s sanctuary policies) Citizenship for orphans; renunciation of citizenship Public charge grounds and Title 42 COVID exclusions; I-601A waiver; firearms offenses; crimes involving moral turpitude Restrictions on bond hearings imposed by the Trump administration; monitoring of children’s detention centers under Flores settlement; Zepeda Rivas v. Jennings (requirements on ICE detention facilities in light of COVID-19) Border wall and related litigation; Operation Streamline; worksite enforcement; state and local cooperation Pereira v. Sessions and Niz-Chavez v. Garland (defective Notice to Appear and eligibility for cancellation of removal); cancellation of removal Examination of right to counsel for minors and for non-detained respondents with mental challenges; ineffective assistance of counsel; restrictions imposed by Trump administration on immigration court continuances; problems with distance videoconference hearings New refugee numbers under the Biden administration; past persecution; membership in particular social groups Professors and student will benefit from: Deep background on the social context of immigration law and its enforcement in the context of a sophisticated examination of the technicalities of relevant statutory and administrative law Materials encouraging students to learn relevant law with an eye toward potential advocacy, including litigation strategies, and which challenge students to evaluate critically the mutually constitutive work of race and immigration law Contextual background to understand immigration and immigration enforcement Unique focus on immigration and social justice, as well as public interest immigration lawyering Focus on issues of contemporary relevance, highlighting some of the most contentious areas of immigration law and policy Materials designed to facilitate student understanding of the letter of immigration law, and to encourage students to think creatively about possible reform Integrated critical materials exploring the role of race, class, religion, gender, and disability in immigration law and policy Problems designed to encourage active learning and application of law
Download or read book The Immigration Battle in American Courts written by Anna O. Law and published by Cambridge University Press. This book was released on 2010-06-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.
Download or read book Immigration Court Practice Manual Revised August 2018 written by U.S. Department of Justice and published by Lulu.com. This book was released on 2019-03-17 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case. The Practice Manual does not limit the discretion of Immigration Judges to act in accordance with law and regulation. The Practice Manual is intended to be a "living document," and the Office of the Chief Immigration Judge updates it in response to changes in law and policy, as well as in response to comments by the parties using it. We welcome suggestions and encourage the public to provide comments, to identify errors or ambiguities in the text, and to propose revisions. Information regarding where to send your correspondence is included in Chapter 13 of the Practice Manual.
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press, USA. This book was released on 2014-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Download or read book Mental Health Evaluations in Immigration Court written by Virginia Barber-Rioja and published by NYU Press. This book was released on 2022-08-16 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: PROSE Award- Psychology Finalist A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or “removal” proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court—often without an attorney if they cannot afford one—as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant’s plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.
Download or read book The immigrant s day in court written by Kate Holladay Claghorn and published by . This book was released on 1969 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Real American Court written by Katherine R. Abbott and published by . This book was released on 2013 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
Download or read book My Trials written by Paul Grussendorf and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The immigration courts are in a period of intense crisis and breakdown, at a moment in history when America's immigration policy is being challenged and redefined. Congress has debated an overhaul of the immigration system since 2006, but proposals for fixing the courts have been largely ignored. The American Bar Association released a 510-page report in February 2010, revealing that a total of 231 immigration judges hear more than 300,000 cases a year, an average of 1,200 for each judge, or three times the load of federal district judges. The ABA reported that judges state that they 'feel overworked, frustrated, and feel like they are on a treadmill.' The judges often feel that their asylum hearings are 'like holding death penalty cases in traffic court,' said Dana L. Marks, an immigration judge and the president of the National Association of Immigration Judges. As the judges' backlog swells so that most immigrants must wait an average of two years for a hearing, the number of decisions appealed to the federal circuit courts has increased from 9 percent of decisions in 2002 to 26 percent in 2008, the report found, virtually overwhelming the federal courts. Due to lack of training and experience of immigration judges, the report found, their decisions 'are often harrowing, haphazard and inconsistent.' The New York Times reported in October 2010 that the immigration backlog in the courts has continued to grow, in spite of calls for reform.
Download or read book From Every End of This Earth written by Steven V. Roberts and published by Harper Perennial. This book was released on 2010-11-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be an immigrant in the United States today? Attitudes about the great melting pot have taken a sharp turn toward insularity in recent years, as the 9/11 attacks and waves of undocumented workers seem to have eroded America's long-standing belief in the value of immigration. Yet the families in From Every End of This Earth conclusively demonstrate that critics are wrong—that in the age of Barack Obama, the son of an immigrant from Kenya, newcomers from around the globe continue to renew America's greatness with their courage and character. As the political debate rages on, Steven V. Roberts sheds light on the enormous contributions these individuals continue to make to the fabric and future of America.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
