Immigration law's arbitrariness problem

SB Ray - Colum. L. Rev., 2021 - HeinOnline
Since the nineteenth century, judges have recognized deportation as a penalty" beyond all
reason in its severity." 1 In Fong Yue Ting v. United States, the Chinese immigrant plaintiffs …

Darkside Discretion in Immigration Cases

SS Wadhia - Administrative Law Review, 2020 - JSTOR
“Darkside Discretion” refers to a situation where the noncitizen satisfies the statutory criteria
set by Congress to be eligible for remedy, but in the end, the adjudicator invokes discretion …

Abdication Through Enforcement

SB Ray - Ind. LJ, 2020 - HeinOnline
The President has a critical role in enforcing federal immigration law. As the nation's chief
executive, the President has the duty to" take Care that the Laws be faithfully …

Discretion and Disobedience in the Chinese Exclusion Era

SS Wadhia - Asian Am. LJ, 2022 - HeinOnline
This Article examines the use of prosecutorial discretion to protect Chinese subject to
deportation following a foundational nineteenth-century Supreme Court immigration law …

Immigration Enforcement and the future of Discretion

SS Wadhia - Roger Williams UL Rev., 2018 - HeinOnline
Immigration law is complex and is governed by several sources. The immigration statute is
called the Immigration and Nationality Act (INA). 1 The INA was passed by Congress in 1952 …

Judicial Power-Immigration-Style

JK Krishnan - Immigr. & Nat'lity L. Rev., 2021 - HeinOnline
JUDICIAL POWER-IMMIGRATION-STYLE Page 1 641 JUDICIAL POWER-IMMIGRATION-STYLE
JAYANTH K. KRISHNAN* Throughout this currentglobal pandemic, but of course, even before …

Justifying Family Separation: Constructing the Criminal Alien and the Alien Mother

JP Stumpf - Wake Forest L. Rev., 2020 - HeinOnline
In May 2015, Reina and her twelve-year-old son, Esteban, and nine-year-old daughter,
Zafna, 1 stepped into the colorless cubicle that served as a client interview room inside a …

Facts Versus Discretion: The Debate over Immigration Adjudication

JK Krishnan - Geo. Immigr. LJ, 2022 - HeinOnline
ABSTRACT Justice Amy Coney Barrett recently issued her first majority-led immigration
opinion in Patel v. Garland (2022). As background, some immigrants looking to avoid …

Discretion in Immigration Law: A Partial Remedy for Stateless People in the United States

BL Fisher - NEULR, 2023 - HeinOnline
Although thousands of stateless people live in the United States, no law or policy provides
lawful immigration status or relief to stateless people based on their statelessness. This …

Fragile Immigration Legality Collapses in the Trump Era

J Blake - S. Cal. Interdisc. LJ, 2020 - HeinOnline
People often think of immigration legality in black and white termsimmigrants are"
documented" or" undocumented"; they are present" legally" or" illegally." There has long …