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Judicial Review Of Immigration Decisions
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Book Synopsis Immigration Judicial Reviews by : Robert Thomas
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.
Book Synopsis JUDICIAL REVIEW OF IMMIGRATION DECISIONS. by : LORNE. WALDMAN
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:
Book Synopsis Litigating Immigration Cases in Federal Court by : Robert Pauw
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:
Book Synopsis The President and Immigration Law by : Adam B. Cox
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.
Book Synopsis Immigration Law and Social Justice by : Bill Ong Hing
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
Book Synopsis Administrative Decisions Under Immigration & Nationality Laws by : United States. Department of Justice
Download or read book Administrative Decisions Under Immigration & Nationality Laws written by United States. Department of Justice and published by . This book was released on 1947 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims Publisher : ISBN 13 : Total Pages :64 pages Book Rating :4.:/5 (327 download)
Book Synopsis Operations of the Executive Office for Immigration Review (EOIR) by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims
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 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration and the Judiciary by : Stephen H. Legomsky
Download or read book Immigration and the Judiciary written by Stephen H. Legomsky and published by . This book was released on 1987 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique comparative study, Legomsky explores the roles of the American and British courts in immigration cases. He persuasively argues that, in remarkably similar ways, the two sets of courts have deviated from general principles of public law when confronted with immigration cases and offers both legal and political explanations for this pattern. Intended not only for those interested specifically in immigration, this book also holds new insights for anyone concerned with public or comparative law, judicial sociology, or the interaction of law and politics.
Book Synopsis Immigration Appeals by : Great Britain: Immigration Appeal Tribunal
Download or read book Immigration Appeals written by Great Britain: Immigration Appeal Tribunal and published by The Stationery Office. This book was released on 2006-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Review of Immigration and Ethnic Affairs Portfolio Decision Making by : David Wheen
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.
Book Synopsis The Finality of Administrative Decisions in Immigration and Deportation Cases by : George W. Higginbotham
Download or read book The Finality of Administrative Decisions in Immigration and Deportation Cases written by George W. Higginbotham and published by . This book was released on 1926 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Substantive law chapters. Sample decisions and related law paragraphs. Immigration judge forms by : United States. Office of the Chief Immigration Judge
Download or read book Substantive law chapters. Sample decisions and related law paragraphs. Immigration judge forms written by United States. Office of the Chief Immigration Judge and published by . This book was released on 2001 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Stripping Judicial Review During Immigration Reform by : Jill E. Family
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.
Book Synopsis Immigration Appeals and Remedies Handbook by : Mark Symes
Download or read book Immigration Appeals and Remedies Handbook written by Mark Symes and published by Bloomsbury Publishing. This book was released on 2021-04-30 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration Appeals and Remedies Handbook, Second Edition covers all aspects of immigration and nationality appeals and challenges to decisions via administrative and judicial review. It explains the rights of appeal to the First-tier Tribunal onwards to the Upper Tribunal and higher courts, including practice and procedure and issues arising from remote hearings by video link. This Second Edition provides clarity of approach through the extensive use of checklists and bullet points. It also includes a new chapter on remote hearings, along with a myriad of other issues including: - Developments in human rights appeals - EU Citizens' Rights Appeals post-Brexit - The scope of nationality appeals - Practice and procedure in SIAC - Disclosure, costs, vulnerable witnesses and capacity - Remedies against dishonesty allegations - Immigration public law: practice and procedure This is an essential title for all immigration law practitioners, judiciary in both the tribunals and senior courts, law libraries, academics and students.
Book Synopsis The Accidental History of the U.S. Immigration Courts by : Alison Peck
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.
Book Synopsis The Definition of Convention Refugee by : Lorne Waldman
Download or read book The Definition of Convention Refugee written by Lorne Waldman and published by . This book was released on 2019-06-24 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative text on contemporary Canadian refugee law examines all elements in the criteria for refugees under the Immigration and Refugee Protection Act and analyzes the jurisprudence as it has developed in Canada with references to other sources of international law. The book serves as an authority on current Canadian refugee law, which is based on the definition of refugee status contained in the United Nations¿ 1951 Refugee Convention and the United Nations Convention Against Torture. With thousands of applicable cases synthesized, this publication is an indispensable manual for immigration lawyers and consultants, as well as paralegals and government policy advisors. Features: Extensively researched, with thousands of applicable cases synthesized Covers almost every single point of law and all case law needed for a good grasp of this area of practice Examines in depth key recent issues decided by the Supreme Court of Canada and appellate courts such as: The interpretation of the exclusion clauses in Ezokola and Febles and Mugesera The clarification of Article 1 E , state protection, the internal flight alternative and nexus to the definition of Convention Refugee. The incorporation into Canadian Immigration Law of the protections of the Convention Against Torture through the introduction of section 97 of the Immigration and Refugee Protection Act Discusses issues such as the application of the concept of generalized risk and its application when a person seeks recognition as a person is in need of protection; the meaning of cruel unusual treatment or punishment. Full text of Part 2 of the Immigration and Refugee Protection Act (ss. 95-116) Detailed index
Book Synopsis Law and Leviathan by : Cass R. Sunstein
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
