Download or read book Immigration Judicial Reviews written by Robert Thomas and published by Springer Nature. This book was released on 2022-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.
Download or read book JUDICIAL REVIEW OF IMMIGRATION DECISIONS written by LORNE. WALDMAN and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Immigration Detention in the UK US and EU written by Justine N Stefanelli and published by Bloomsbury Publishing. This book was released on 2020-01-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
Download or read book Removing Aliens from the United States written by Yule Kim and published by DIANE Publishing. This book was released on 2011-05 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aliens may be removed from the U.S. for a variety of reasons, such as having entered the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether they are subject to removal. Congress has determined that review by the fed. courts will not be available with respect to certain types of removals, such as expedited removal orders, crime-related removals, etc. This report analyzes the jurisdictional issues in the Immigration and Nationality Act by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court¿s jurisdiction to review a removal order. A print on demand report.
Download or read book Litigating Immigration Cases in Federal Court written by Robert Pauw and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Deportation and Exclusion Orders written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1958 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press. This book was released on 2014-06-02 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.
Download or read book Major Issues in Immigration Law written by David A. Martin and published by . This book was released on 1987 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Operations of the Executive Office for Immigration Review EOIR written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims and published by . This book was released on 2002 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Removing Aliens from the United States written by and published by . This book was released on 2008 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aliens may be removed from the United States for a variety of reasons, such as entering into the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether an alien is subject to removal. Although judicial review by a federal court of appeals of a removal order is generally available, Congress has denied the federal courts jurisdiction to review many types of removals, such as expedited removal orders, crime-related removals, discretionary determinations, and matters involving prosecutorial discretion.
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.
Download or read book Immigration and Refugee Law and Policy written by Stephen H. Legomsky and published by . This book was released on 2007 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 Supplement covers the vital developments in immigration and refugee law and policy since the publication of the Fourth Edition's new cases, legislative action, regulations, scholarly advances, and political debate. Among the highlights: Developments on material support for terrorist organizations The Supreme Court's decision in Lopez v. Gonzales on drug crimes as aggravated felonies Judicial criticisms of the removal process, immigration judges, and the BIA Developments on judicial review of removal orders New requirements for establishing social group asylum claims Recent developments on asylum claims based on coercive population controls
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 Judicial Review written by Hugh Southey and published by Jordan Publishing (GB). This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
Download or read book Judicial Review in Perspective written by Lee Bridges and published by Routledge. This book was released on 1995 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1991 the Lord Chancellor announced that the Law Commission would undertake a comprehensive review of the procedures and remedies available through judicial review. Coinciding with this announcement, the Public Law Project, in collaboration with Maurice Sunkin of the University of Essex, launched an empirical study of access to and the use of judicial review. This second edition updates the original report and presents the results of further analysis of the original data on the progress of leave applications considered by individual judges to their final outcome. It also updates data on legal aid applications to take judicial review proceedings.
Download or read book Immigration Litigation written by Randy P. Auerbach and published by . This book was released on 2004 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
