Textbook on Immigration and Asylum Law

Author: Gina Clayton

Publisher: Oxford University Press

ISBN: 0198747551

Category: Asylum, Right of

Page: 672

View: 9352

DOWNLOAD NOW »

The seventh edition of Textbook on Immigration and Asylum Law continues to provide students with expert coverage of case law and legislation, along with dynamic analysis of the political context and social impact of the law, and a strong focus on human rights. Including key case summaries, chapter questions and further reading, the book deftly guides the reader through this fascinating and constantly developing area of law, using clear and accessible language throughout. An ideal guide for all students of the subject. This book is accompanied by an Online Resource Centre, which contains the following resources designed to support the book: - Updates providing easy access to changes and developments in the law - Problem questions to test knowledge and develop analytical skill - Guidance on how to answer the end-of-chapter questions - A selection of web links to support additional research
Release

No Borders

The Politics of Immigration Control and Resistance

Author: Natasha King

Publisher: Zed Books Ltd.

ISBN: 1783604700

Category: Social Science

Page: 208

View: 3963

DOWNLOAD NOW »

From the streets of Calais to the borders of Melilla, Evros and the United States, the slogan 'No borders!' is a thread connecting a multitude of different struggles for the freedom to move and to stay. But what does it mean to make this slogan a reality? Drawing on the author's extensive research in Greece and Calais, as well as a decade campaigning for migrant rights, Natasha King explores the different forms of activism that have emerged in the struggle against border controls, and the dilemmas these activists face in translating their principles into practice. Wide-ranging and interdisciplinary, No Borders constitutes vital reading for anyone interested in how we make radical alternatives to the state a genuine possibility for our times, and raises crucial questions on the nature of resistance.
Release

Immigration Practice - 15th Edition

Author: Robert C. Divine

Publisher: Juris Publishing, Inc.

ISBN: 1578233461

Category: Law

Page: 1758

View: 9679

DOWNLOAD NOW »

Immigration Practice guides readers through all aspects of immigration law in one volume, complete with over 3,000 footnote citations to the wide range of statutes, regulations, court and administrative cases, policy memos, operations instructions, agency interpretive letters, and internet sites that a lawyer needs for complete understanding of a particular problem. No other source merges the practical with commentary and analysis so helpfully. The book explains in understandable language and meaningful and dependable detail the substantive issues and the practical procedures a lawyer needs to handle a specific immigration matter, complete with checklists of forms, supporting evidence, and other strategies needed for application/petition packages. The book has unparalleled coherence, integration and consistency. * Liberally cross references to other sections in the book where related topics are discussed (because so many topics are interrelated). * Line-by-line instructions on how to complete the most commonly used forms to avoid embarrassing mistakes. * Lists the contents of packages to file with government agencies: forms and fees, detailed support letters, and other supporting evidence. * Explanations of potentially applicable visa options organized according to the attributes of the foreign national (and the employer), rather than classifications in alphabetical order, so that practitioners can make sense of options in light of the client in the office. * Comparisons and charts of attributes and procedures of such topics as nonimmigrant visa classifications, procedures to permanent residence, and standards of "extreme" hardship. * Citations throughout the book, and collection in the extensive CD-ROM Appendix, to primary source materials and the most useful Internet site URLs with explanation of the increasingly helpful free databases and tools available through each one. • Internet Links: Constantly increased and updated links to government web sites containing current contact information, forms, primary law sources of all types, case status information, and processing and substantive guides--all referenced by pinpoint citations in the text. See Chapter 5 explaining sources of law, Appendix C and D-1 showing web links, and the CD-ROM in the back cover providing one-click access! Readers are strongly encouraged to review and use the CD-ROM and to consider saving Appendix C, D-1, and E-1 into their hard drives or saving the links to their internet browser "favorites" or "bookmarks" for ready reference all the time. • Upgraded removal-related treatment: significant improvements to Chapters 10, 11, and 16 by attorney who has worked for immigration courts several years. • Supreme Court decisions: effects of limited marijuana distribution offense as aggravated felony (§ 10-6(b)(1)(vi)); tax offenses as aggravated felonies (§ 10-6(b)(1)(vi)); rejection of "comparable grounds rule" for 212(c) eligibility (§ 10-6(b)(1)(vii)); modified categorical approach applies only to divisible statutes (§ 10-6(b)(2)(i)); non-retroactivity of Padilla decision (§ 10-6(b)(2)(vi)); rejection of the "statutory counterpart rule" for § 212(c) waivers (§ 11-5(f)); invalidation of the Defense of Marriage Act § 14-7(a)(2)(i)); non-imputation to child of firm resettlement of parents (§ 16-4(c)). • Lower federal court decisions: concerning such issues as: recognizing a beneficiary to have standing to challenge a USCIS petition denial (§ 2-2(a)(1)(I)); reviewability of good moral character determinations and other (§ 2-2(a)(1)(I)); court order of USCIS to speed up FOIA certain responses (§ 4-2); CBP FOIA process (§ 4-2); DOL case disclosure data (§ 4-5); need to exhaust remedies under DHS TRIP to challenge inclusion on watch list (§ 10-3); CIMT crime determinations (§ 10-6(b)(1)(iii)); effect of a single firearm sale (§ 10-6(b)(1)(vi)); 212(h) waiver eligibility in regard to post-entry adjustment but not as to stand alone request (§ 10-6(b)(3)); interference with police helicopter using laser light as CIMT (§ 10-6(c)); whether post-entry adjustment is an admission for § 212(h) waivers (§ 10-6(b)(3)); whether there is an involuntariness or duress exception to the terrorism support bar (§ 10-6(c)); enforcement of I-864 financial support obligations (§ 10-6(d)(2)); mandatory bond hearing after six months of detention (§ 11-3(f)); ICE detainers found to lack authority (§ 11-3(g)); representation in immigration court at government expense for aliens with serious mental disabilities (§ 11-4(g)); stop-time and petty offense exceptions relating to cancellation of removal (§ 11-5(f)); revelation of the BIA's erroneous reliance for decades on nonexistent provisions of Mexican Constitution affecting legitimation issues (§ 12-3(d)(3)); rejection of BIA's rule against nunc pro tunc adoption orders (§ 14-7(b)(3)); invalidation of FSBPT efforts to restrict applicants from certain countries to sit for physical therapy exams (§ 15-2(c)(2)); use of impeachment evidence only to terminate asylum (16-2(b)); asylum claims of German homeschoolers, and mixed motive cases (§ 16-4(a)(3)); social group asylum claims (§ 16-4(a)(3)); expansive implications of inconsistencies in testimony (§ 16-4(a)(4)); "particularly serious crimes" barring asylum claims (§ 16-4(c)); special asylum procedures for unaccompanied children (§ 16-4(c)); adjustment eligibility of alien who entered without inspection and then obtained TPS (§ 16-7(a)(6)); eligibility of after-acquired spouse under Cuban Adjustment Act (§ 16-7(e)); preempted state law provisions aimed at aliens, employers, and landlords (§ 19-4(l)(3)). • BIA decisions on such issues as: what constitutes a drug trafficking crime (§ 10-6)(b)(1)(iv); implications of child pornography conviction (§ 10-6(b)(1)(vi)); possession of ammunition by a convicted felon (§ 10-6(b)(1)(vi)); availability of "stand-alone" § 212(h) waiver without adjustment application (§ 10-6(b)(3)); service of NTA on a minor (§ 11-3(b)); service of NTA and other safeguards for aliens with serious mental conditions (§ 11-4(g)); approval of administrative closure of removal cases (§ 11-5(d)); termination of asylum, then removal and relief in proceedings (§16-2(b)); relocation issues in asylum claims (§ 16-4(a)(3)). • Regulations, government policy memorandums, other decisions, and government web site enhancements concerning such matters as: differing government renderings of single name for certain persons (§ 1-6(a)(3)); USCIS refusal to accept stamped signatures for attorneys on G-28 (§1-6(a)(3)); USCIS use of bar codes for forms, and danger of making marginal notes on forms (§1-6(a)(3)); USCIS use of customer-completed "e-Request Service" inquiries (§ 2-2(a)(1)(F)); movement of all visa processing to the electronic CEAC system (§ 2-3(a)); replacement of the CBP Inspectors Field Manual with the Officer's Reference Tool and the beginning effort to replace the USCIS Adjudicators Field Manual with the online Policy Manual (§ 5-4); replacement of the paper I-94 card for air and sea entries with an "automated" online I-94 record (§ 7-4(b) and other sections); new section on "Other Redress for Adverse Results (on visas and admissions, § 7-4(c)(14)); the radical implications of Matter of Arrabally and Yerrabelly concerning the effects of departure under advance parole (§§ 8-7(d)(2)(i) and 10-6(f)); modernization of the immigrant visa process (§ 8-8); new "Provisional Unlawful Presence Waivers" within the U.S. using Form I-601A (§ 10-6(f)); exception to false claim to U.S. citizenship inadmissibility if claim made before individual was age 18 (§ 10-6(g)); EOIR Online representative registration system (§ 11-3(e)); ICE Parental Interests Directive and ICE "eBOND" online bonding process (§ 11-3(f)); ICE non-renewal of 287(f) agreements (§ 11-3(g)); Deferred Action for Childhood Arrivals (§ 11-3(h)(3)); ICE recognition and implementation of statute allowing post-removal challenges (§11-8(b)); new USCIS Policy Manual provisions on naturalization eligibility and process, including residence, selective service, § 319(b) special rules, and other issues, and new N-400 form and instructions (Chapter 12); Government-side implementation of the Supreme Court's recognition of same-sex marriage (various chapters); exceptional circumstances allowing foreign-country filing of I-130 petitions where no USCIS office is located (§ 14-5(a)); implications of a withdrawn I-140 (§ 15-1(h)); various policy developments concerning EB-5 investors (§ 15-2(f)); numerous BALCA cases and DOL positions affecting the PERM labor certification process and the publication of data about applications (§ 15-3); updated Affirmative Asylum Procedures Manual (§ 16-3(a)); USCIS memo on "exceptional circumstances" for failure to appear at asylum interview (§ 16-3(a)(1)(iii)); litigation settlement agreements to share asylum officer interview notes in FOIA (§ 16-3(a)(2)), concerning asylum applicant work authorization process and "Clock" (§ 16-3(c)), and failure to appear at I-730 interview (§ 16-3(f)); bundling of related L-1 petitions (§ 17-3(b)(4)(i)); presumed L-1 visa validity for maximum reciprocity duration but sometimes more limited stays from CBP (§ 17-3(b)(7)); filing I-129 petition for Canadian TN, and duration of Mexican TN separate from visa validity (§ 17-4(c)(2)(ii)); H-1B and H-2A flip-flopping administrative and congressional positions (§ 17-4(d) and 17-5(e)(1)); "B-1 in lieu of H" in effect but "under review" (§ 18-3(1)(2)(B)); accreditation requirements for F-1 language training programs (§ 18-4(d)(1)); cessation of CBP stamping of I-20 forms (§ 18-4(d)(3)); use of electronic ELIS system for certain changes of status (§ 18-4(d)(4)); new "cap gap" and STEM OPT extension policies (§ 18-4(d)(9)(iii); possible need for separate waivers for different J experiences subject to § 212(e) (§ 18-5(b)(2)(ix)); revisions to M-274 Handbook for Employers for I-9, USCIS "I-9 Central" web site, and IRS tightening of ITIN application process (§ 19-4(b)); ICE policies about auditing electronically generated I-9 forms (§ 19-4(h)); OCAHO reductions of ICE I-9 fines on employers (§ 19-4(j)); ICE definition of "technical and procedural" errors subject to correction under good faith rules (§ 19-4(j)); USCIS revision of E-Verify MOU and new notice to workers about TNC resolution, expansion of E-Verify "photo tool," and "lock out" of suspect SSNs from E-Verify (§ 19-4(l)(1)).
Release

Illegal Immigration

A Reference Handbook

Author: Michael C. LeMay

Publisher: ABC-CLIO

ISBN: 1598840398

Category: Reference

Page: 341

View: 6372

DOWNLOAD NOW »

Provides an overview of illegal immigration in America from 1965 to the present by discussing its history, controversies, laws, key legislative action, organizations involved, and proposed solutions.
Release

Research Handbook on Child Migration

Author: Jacqueline Bhabha,Jyothi Kanics,Daniel Senovilla Hernández

Publisher: Edward Elgar Publishing

ISBN: 1786433702

Category: Political Science

Page: 560

View: 6274

DOWNLOAD NOW »

The scope and complexity of child migration have only recently emerged as a critical factors in global migration. This volume assembles for the first time a richly interdisciplinary body of work, drawing on contributions from renowned scholars, eminent practitioners and prominent civil society advocates from across the globe and from a wide range of different mobility contexts. Their invaluable pedagogical tools and research documents demonstrate the urgency and breadth of this important new aspect of international human mobility in our global age.
Release

The Rights of Refugees under International Law

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781139445764

Category: Political Science

Page: N.A

View: 3865

DOWNLOAD NOW »

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Release

Fragmented State Power and Forced Migration

A Study on Non-State Actors in Refugee Law

Author: Eeva Nyk Nen,Eeva Nykänen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004228845

Category: Law

Page: 388

View: 3722

DOWNLOAD NOW »

Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
Release

Paths to Inclusion

The Integration of Migrants in the United States and Germany

Author: Simeon E Baldwin Professor of Law and Deputy Dean Peter H Schuck,Peter H. Schuck,Rainer Münz

Publisher: Berghahn Books

ISBN: 9781571810915

Category: Social Science

Page: 306

View: 5644

DOWNLOAD NOW »

This last group of essays in the Migration and Refugee series focuses on "immigrant" policy, examining the institutions, laws, and social practices that are designed to facilitate the integration of immigrants and refugees into their receiving countries. The scope of the collection is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative, underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants and how the two nations incorporate them into civil and political society.
Release