Download The Immigration Battle in American Courts by Anna O. Law PDF

By Anna O. Law

ISBN-10: 0521767083

ISBN-13: 9780521767088

This e-book assesses the function of the federal judiciary in immigration and the institutional evolution of the ideal courtroom and the U.S. Courts of Appeals. Neither court docket has performed a static function throughout time. by way of the flip of the century, a department of work had constructed among the 2 courts wherein the Courts of Appeals retained their unique functionality as error-correction courts, whereas the splendid court docket was once reserved for an important coverage and political questions. Anna O. legislations explores the implications of this department for immigrant litigants, who're likely to be triumphant within the Courts of Appeals as a result of valuable institutional incentives that raise the possibility of a good consequence. As this booklet proves, it's faulty to talk of an undifferentiated establishment referred to as "the federal courts" or "the courts," for such characterizations elide very important modifications in venture and serve as of the 2 maximum courts within the federal judicial hierarchy.

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S. 356. S. 365. S. 202. 51 52 38 The Immigration Battle in American Courts courts’ role in deciding a person’s fate so clear as it is in many of the asylum cases, where life and death can hang in the balance. The third largest group is exclusion cases (4 percent). S. S. 54 The remainder of the cases are alien rights cases (3 percent), deportation cases specifically involving criminal aliens (3 percent), alienage cases (2 percent), and naturalization/ denaturalization cases (2 percent). In alien rights cases, aliens challenge a government procedure or practice about some aspect of immigration law and enforcement.

22 Ibid. at 292–93. 23 AEDPA is Pub. L. No. 104–132, 110 Stat. 1214; IIRIRA is Pub. L. N. 104–208, 110 Stat. 3009. 20 26 The Immigration Battle in American Courts major changes. First, judicial review was eliminated for large classes of immigration cases, including deportation cases where an alien in the United States had committed a crime, and had been convicted of that crime; cases involving administrative exercises of discretion concerning grants of waivers; and cases where the Attorney General had exercised her discretion.

Territory. S. borders and beyond the initial entry/exit decision. This database does not contain cases pertaining to the rights of aliens outside the entry/exit decision. Therefore, well-known immigrant cases, such as Yick Wo v. Hopkins (1886)51 (discriminatory application of a neutral law against Chinese laundries); Graham v. Richardson (1971)52 (whether aliens are entitled to welfare benefits); and Plyler v. Doe (1982)53 (whether children of illegal aliens may be barred from public school) are not considered here.

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