Download or read book The Expedited Removal Study written by Karen Musalo and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Procedural Failures During the Expedited Removal Process written by Scott D. Weaver and published by . This book was released on 2017 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis contributes to our understanding of the impediments to protection faced by asylum seekers subject to the “expedited removal,” or summary deportation, provisions of the Immigration and Nationality Act. By studying various texts, from the statute itself, to agency policy memoranda, to human rights reports, I compare the law of expedited removal as it is written and interpreted by the government, to the law as it is actually applied. I then argue that asylum seekers caught up in the expedited removal process are not being given the procedural protections that they deserve. This topic is of particular interest in light of recent immigration enforcement policy changes ordered by the Trump administration. Specifically, President Trump has extended expedited removal to cover noncitizens with substantial ties to the United States. While many academics have studied immigration enforcement, I hope to add to the conversation by looking deeply at the texts that make up the law of expedited removal, and contrasting the procedures outlined in these texts with de facto procedures in the field. As a future immigration lawyer, I believe that it is important to add to lay understanding of the law of expedited removal, and the impediments to protection that asylum seekers face when they are placed in expedited removal proceedings.
Download or read book Expedited removal of aliens written by Hillel R. Smith and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Review of Issues Related to a Study of Expedited Removal Pursuant to the International Religious Freedom Act of 1998 written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alien Removals and Returns written by Congressional Research Service and published by CreateSpace. This book was released on 2015-02-03 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal. Certain grounds for removal (e.g., criminal grounds, terrorist grounds) render foreign nationals ineligible for most forms of relief and may make them eligible for more streamlined (expedited) removal processes. The “standard” removal process is a civil judicial proceeding in which an immigration judge from DOJ's Executive Office for Immigration Review (EOIR) determines whether an alien is removable. Immigration judges may grant certain forms of relief during the removal process (e.g., asylum, cancellation of removal), and the judge's removal decisions are subject to administrative and judicial review. The INA also describes different types of streamlined removal procedures, which generally include more-limited opportunities for relief and grounds for review. In addition, two alternative forms of removal exempt aliens from certain penalties associated with formal removal: voluntary departure (return) and withdrawal of petition for admission. These are often called “returns.” Following an order of removal, an alien is inadmissible for a minimum of five years after the date of the removal, and therefore is generally ineligible to return to the United States during this time period. The period of inadmissibility is determined by the reason for and type of removal. For example, a foreign national ordered removed based on removal proceedings initiated upon the foreign national's arrival is inadmissible for five years, while a foreign national ordered removed after being apprehended within the United States is inadmissible for 10 years. The length of inadmissibility increases to 20 years for an alien's second or subsequent removal order, and is indefinite for a foreign national convicted of an aggravated felony. Absent additional factors, unlawful presence in the United States is a civil violation, not a criminal offense, and removal and its associated administrative processes are civil proceedings. As such, aliens in removal proceedings generally have no right to counsel (though they may be represented by counsel at their own expense). In addition, because removal is not considered punishment by the courts, Congress may impose immigration consequences retroactively. There were a record number of removals between FY2009 and FY2013, including 438,421 removals in FY2013.
Download or read book Immigration Policy on Expedited Removal of Aliens written by Alison Siskin and published by . This book was released on 2005 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Policy on Expedited Removal of Aliens written by and published by . This book was released on 2006 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expedited removal, an immigration enforcement strategy originally conceived to operate at the borders and ports of entry, is being expanded, raising a set of policy, resource, and logistical questions. Expedited removal is a provision under which an alien who lacks proper documentation or has committed fraud or willful misrepresentation of facts may be removed from the United States without any further hearings or review, unless the alien indicates a fear of persecution. Congress added expedited removal to the Immigration and Nationality Act (INA) in 1996, making it mandatory for arriving aliens, and giving the Attorney General the option of applying it to aliens in the interior of the country who have not been admitted or paroled into the United States and who cannot affirmatively show that they have been physically present in the United States continuously for two years. Until recently, expedited removal was only applied to aliens at ports of entry.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Queer Migrations written by Eithne Luibhéid and published by U of Minnesota Press. This book was released on with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues Surrounding the Use of Polygraphs written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2002 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegal aliens opportunities exist to improve the expedited removal process report to congressional committees written by and published by DIANE Publishing. This book was released on with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CBP Inspector s Field Manual written by U.S. Customs and Border Protection and published by . This book was released on 2008-01-01 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom from Religious Persecution Act of 1998 written by United States. Congress. House. Committee on International Relations and published by . This book was released on 1998 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Overview of Asylum Policy written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and published by . This book was released on 2002 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Well Founded Fear written by Philip G. Schrag and published by Routledge. This book was released on 2002-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book The Deportation Express written by Ethan Blue and published by Univ of California Press. This book was released on 2021-10-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the roots and routes of American deportation -- Building the deportation state -- Eastbound -- Westbound.
Download or read book AILA s Asylum Primer written by Regina Germain and published by . This book was released on 2000 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
