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 Harvard Law School Third Year Paper written by James Patrick Hickey and published by . This book was released on 1963 with total page 155 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 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 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 in U S Immigration Law written by François Delisle and published by . This book was released on 2001 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stripping Judicial Review During Immigration Reform written by Jill E. Family and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate's agenda during an era of increased congressional restrictions on judicial review of immigration cases? A definitive answer to such a question may be elusive, but this article sheds some light by examining the fate of the certificate of reviewability from a public policy perspective. This public policy perspective leads to two observations about the legislative history. First, the proponents of the requirement advanced a characterization of the underlying policy problem that conflicted with one advanced by federal court of appeals judges who testified before the Senate Judiciary Committee. There is evidence the judges' definition of the policy problem influenced the committee to turn its back on the requirement. Second, the Senate's attention to other immigration reform policy problems may have distracted the Senate from the requirement. This focus on other policy conflicts meant that the Senate was not attending to the certificate of reviewability. What can the legislative history of a failed immigration jurisdiction-stripping provision reveal? By examining the legislative history through a public policy lens, this article enhances understanding of the legislative dynamic underlying an effort to strip immigration judicial review.
Download or read book Symposium on Immigration Appeals and Judicial Review written by and published by . This book was released on 2006 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Immigration Findings from 1917 to 1928 written by Waldo Charles Poletti and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Administrative Action in Immigration Proceedings written by Thomas Reed Powell and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Overview of Judicial Review of Immigration Matters written by Margaret Mikyung Lee and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress has plenary or sovereign power over the conditions for admitting aliens into the United States and permitting them to remain. This power is so completely entrusted to the political branch to legislate and implement as to be largely free from judicial review. However, this power is still subject to constitutional limitations, including substantive and procedural due process protections. In immigration cases, due process may be a flexible concept and the particular procedures that may be constitutionally required depend on the relative interests involved. This report will summarize judicial review for immigration matters, including visa denials and revocations; removal orders and detention; naturalization delays, denials, and revocations; expatriation; and legalization denials. Administrative adjudications such as removal proceedings or determination of immigration benefits such as naturalization are beyond the scope of this report.
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 Judicial Review of Immigration and Ethnic Affairs Portfolio Decision Making written by David Wheen and published by . This book was released on 1995 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Wheen of the Government and Review Division, DIEA, on immigration law. In particular the outcomes of reviews by the courts and the AAT of portfolio decision making.
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 No Judicial Review of Fact Findings for Certain Discretionary Immigration Relief Rules Supreme Court LSB10762 written by 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 Banned written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2021-04-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.
