Related Research Articles
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 made major changes to the Immigration and Nationality Act (INA). IIRIRA's changes became effective on April 1, 1997.
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
Immigration and Naturalization Service v. Predrag Stevic, 467 U.S. 407 (1984), was a Supreme Court of the United States decision that held if an alien seeks to avoid deportation proceedings by claiming that he will be persecuted if he is returned to his native land, he must show a "clear probability" that he will be persecuted there.
Immigration and Naturalization Service v. Cardoza-Fonseca, 480 U.S. 421 (1987), was a United States Supreme Court case that decided that the standard for withholding of removal, which was set in INS v. Stevic, was too high a standard for applicants for asylum to satisfy. In its place, consistent with the standard set by the United Nations, the Court in held that an applicant for asylum in the United States needs to demonstrate only a "well-founded fear" of persecution, which can be met even if the applicant does not show that he will more likely than not be persecuted if he is returned to his home country.
Immigration and Naturalization Service v. Aguirre-Aguirre, 526 U.S. 415 (1999), examined a doctrinal question last presented to the U.S. Supreme Court in Immigration and Naturalization Service v. Cardoza-Fonseca. In Aguirre-Aguirre, the Court determined that federal courts had to defer to the Board of Immigration Appeals's interpretation of the Immigration and Nationality Act.
Immigration and Naturalization Service v. Doherty, 502 U.S. 314 (1992), was a United States Supreme Court case which confirmed that the Attorney General of the United States has broad discretion to reopen deportation proceedings, as well as other adjudications heard before immigration courts.
Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylum seeker, nonpermanent resident, conditional entrant, parolee, and so forth.
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated. Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.
Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting him.
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Immigration and Naturalization Service v. St. Cyr, 533 U.S. 289 (2001), is a United States Supreme Court case involving habeas corpus and INA § 212(c) relief for deportable aliens.
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court by an immigration judge (IJ).
Zadvydas v. Davis, 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States. The court ruled that the plenary power doctrine does not authorize the indefinite detention of immigrants under order of deportation whom no other country will accept. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances.
Clark v. Martinez, 543 U.S. 371 (2005), was a United States Supreme Court case ending the detention of people who had been denied refugee status. They were kept in prison awaiting deportation even though they could not in fact be deported due to a political stalemate with Cuba. An alien can be found inadmissible on the grounds of poor health, criminal history, substance trafficking, prostitution/human trafficking, money laundering, terrorist activity, etc. The deportation process requires a ruling from an immigration judge for violating immigration laws. The case resolved conflicting rulings made by the 9th and 11th circuits on whether Zadvydas v. Davis (2001) was applicable to inadmissible immigrants, Sergio Martinez and Daniel Benitez. The cases of Martinez and Benitez were later consolidated by the Supreme Court.
Boika v. Holder, 727 F.3d 735, is a precedent decision by the United States Court of Appeals for the Seventh Circuit addressing an alien's motion to reopen after the Board of Immigration Appeals (BIA) had denied her applications for asylum, withholding of removal, and for relief under the convention against torture. Judge David F. Hamilton wrote the opinion for the three-judge panel which granted the petition for review and remanded the case to the BIA for further proceedings.
Executive Order 13768 titled Enhancing Public Safety in the Interior of the United States was signed by U.S. President Donald Trump on January 25, 2017. The order stated that "sanctuary jurisdictions" including sanctuary cities that refused to comply with immigration enforcement measures would not be "eligible to receive Federal grants, except as deemed necessary for law enforcement purposes" by the U.S. Attorney General or Secretary of Homeland Security.
An immigration judge, formerly known as a special inquiry officer, is an employee of the United States Department of Justice. An immigration judge decides cases of aliens in various types of removal proceedings. During the proceedings, an immigration judge may grant any type of immigration relief or benefit to a noncitizen, including to his or her family members.
Deportation of Afghan immigrants from the United States typically refers to the forced repatriation of Afghans who are convicted of crimes in the United States and are not American citizens.
References
This article in most part is based on law of the United States, including statutory and latest published case law.
- 1 2 ("Paragraph (1) shall not apply to an alien if the Attorney General determines that— ... the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States") (emphasis added).
- ↑ Diego v. Sessions, 857 F.3d 1005, 1015-16 (9th Cir. 2017).
- ↑ See generally Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007).
- ↑ ("Restriction on removal to a country where alien's life or freedom would be threatened"); 8 CFR 208.16 (d)(2)("Mandatory denials").