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Author: Publisher: American Bar Association ISBN: Category : Law Languages : en Pages : 192
Book Description
"This manual ... explains how to petition for administrative review of your custody, how to seek release in federal court if you are not released after your custody review, how to file motions for appointment of counsel and how to have any filing fees waived if you do not have the means to pay for them.... It also addresses the cases of Mariel Cubans and inadmissable aliens." -- Pref.
Author: Publisher: American Bar Association ISBN: Category : Law Languages : en Pages : 192
Book Description
"This manual ... explains how to petition for administrative review of your custody, how to seek release in federal court if you are not released after your custody review, how to file motions for appointment of counsel and how to have any filing fees waived if you do not have the means to pay for them.... It also addresses the cases of Mariel Cubans and inadmissable aliens." -- Pref.
Author: American Bar Association. Commission on Immigration Policy, Practice and Pro Bono Publisher: ISBN: Category : Alien detention centers Languages : en Pages : 122
Author: Michael Welch Publisher: Temple University Press ISBN: 9781566399784 Category : Law Languages : en Pages : 268
Book Description
"Details how American immigration law and policy have increasingly relied on incarceration, locking up thousands of immigrants not because they pose any real danger, but as a collective expression of moral panic and hostility toward perceived outsiders." David Cole [back cover].
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Publisher: ISBN: Category : Medical Languages : en Pages : 288
Author: Raj Napal Publisher: Brush Education ISBN: 1550598171 Category : Law Languages : en Pages : 265
Book Description
Advocate effectively for detained immigrants at the Immigration and Refugee Board of Canada Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release. This one-stop resource presents a comprehensive overview of the detentionreview process administered by the Immigration Division, a branch of the Immigration and Refugee Board (IRB) of Canada. More than just a summary of the law that governs detention reviews, this guide outlines practical steps that can help you to secure a detainee’s release. Through an in-depth case study, immigration lawyer Raj Napal examines every stage of the detention review process, from drafting a suitable retainer agreement to presenting a case and questioning witnesses in front of an IRB tribunal. Drawing on more than 20 years of experience advocating for immigrants at the IRB, Raj covers everything you need to know to prepare for a detention review and maximize your chance of securing your client’s release. Anyone working in immigration law—including lawyers, paralegals and immigration consultants—needs this book. This practical handbook covers: - Essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. - Tactics to present your case effectively before the board. - Creating effective release plans for detainees. - Dealing with detained children. - Recent developments and precedents that affect detention reviews, including the 2017 Laird Report and the 2019 amended Chairperson’s Guideline on Detention.
Author: Hillel R. Smith Publisher: ISBN: 9781693709913 Category : Languages : en Pages : 70
Book Description
The Immigration and Nationality Act (INA) authorizes-and in some cases requires-the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. Various provisions confer substantial authority upon DHS to detain removable aliens, but that authority has been subject to legal challenge, particularly in cases involving the prolonged detention of aliens without bond. DHS's detention authority is not unfettered, and due process considerations may inform the duration and conditions of aliens' detention. In 2001, the Supreme Court in Zadvydas v. Davis construed the statute governing the detention of aliens following an order of removal as having implicit, temporal limitations. The Court reasoned that construing the statute to permit the indefinite detention of lawfully admitted aliens after their removal proceedings would raise "serious constitutional concerns." In 2003, however, the Court in Demore v. Kim ruled that the mandatory detention of certain aliens pending their removal proceedings, at least for relatively brief periods, was constitutionally permissible. The interplay between the Zadvydas and Demore rulings has called into question whether the constitutional standards for detention prior to a final order of removal differ from those governing detention after a final order is issued. Several lower courts have interpreted Demore to mean that mandatory detention pending removal proceedings is not per se unconstitutional, but that Zadvydas cautions that if this detention becomes "prolonged" it may not comport with due process requirements. Additionally, some lower courts have recognized constraints on DHS's detention power that the Supreme Court has not yet considered. For instance, some courts have ruled that the Due Process Clause requires aliens in removal proceedings to have bond hearings when detention becomes prolonged, where the government bears the burden of proving that the alien's continued detention is justified. In addition, a settlement agreement known as the "Flores Settlement," which is enforced by a federal district court, currently limits DHS's ability to detain alien minors who are subject to removal. Further, while litigation concerning immigration detention has largely centered on the duration of detention, some courts have considered challenges to the conditions of immigration confinement, generally under the standards applicable to pretrial detention in criminal cases. Some courts have also restricted DHS's ability to take custody of aliens detained by state or local law enforcement officials upon issuance of "immigration detainers." In short, while DHS generally has broad authority over the detention of aliens, that authority is not without limitation. As courts continue to grapple with legal and constitutional challenges to immigration detention, Congress may consider legislative options that clarify the scope of the federal government's detention authority.
Author: Virginia Barber-Rioja Publisher: NYU Press ISBN: 1479802603 Category : Psychology Languages : en Pages : 298
Book Description
PROSE Award- Psychology Finalist A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or “removal” proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court—often without an attorney if they cannot afford one—as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant’s plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.
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Author: American Bar Association. Commission on Immigration Policy, Practice and Pro Bono
Author: Michael Welch
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Author: United States. Immigration and Naturalization Service
Author: Raj Napal
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Author: Hillel R. Smith
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Author: Virginia Barber-Rioja