Immigration Judicial Reviews PDF Download
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Author | : Robert Thomas |
Publisher | : Springer Nature |
Total Pages | : 240 |
Release | : 2022-01-01 |
Genre | : Social Science |
ISBN | : 3030889270 |
Download Immigration Judicial Reviews Book in PDF, ePub and Kindle
This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.
Author | : LORNE. WALDMAN |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : |
ISBN | : 9780433505945 |
Download JUDICIAL REVIEW OF IMMIGRATION DECISIONS. Book in PDF, ePub and Kindle
Author | : Justine N Stefanelli |
Publisher | : Bloomsbury Publishing |
Total Pages | : 248 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1509930477 |
Download Judicial Review of Immigration Detention in the UK, US and EU Book in PDF, ePub and Kindle
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
Author | : James Patrick Hickey |
Publisher | : |
Total Pages | : 155 |
Release | : 1963 |
Genre | : |
ISBN | : |
Download Harvard Law School Third Year Paper Book in PDF, ePub and Kindle
Author | : United States. Congress. House. Committee on the Judiciary |
Publisher | : |
Total Pages | : 78 |
Release | : 1958 |
Genre | : Deportation |
ISBN | : |
Download Judicial Review of Deportation and Exclusion Orders Book in PDF, ePub and Kindle
Author | : François Delisle |
Publisher | : |
Total Pages | : 142 |
Release | : 2001 |
Genre | : Emigration and immigration law |
ISBN | : |
Download Judicial Review in U.S. Immigration Law Book in PDF, ePub and Kindle
Author | : Waldo Charles Poletti |
Publisher | : |
Total Pages | : |
Release | : 1928 |
Genre | : |
ISBN | : |
Download Judicial Review of Immigration Findings from 1917 to 1928 Book in PDF, ePub and Kindle
Author | : Jill E. Family |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Stripping Judicial Review During Immigration Reform Book in PDF, ePub and Kindle
Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate's agenda during an era of increased congressional restrictions on judicial review of immigration cases? A definitive answer to such a question may be elusive, but this article sheds some light by examining the fate of the certificate of reviewability from a public policy perspective. This public policy perspective leads to two observations about the legislative history. First, the proponents of the requirement advanced a characterization of the underlying policy problem that conflicted with one advanced by federal court of appeals judges who testified before the Senate Judiciary Committee. There is evidence the judges' definition of the policy problem influenced the committee to turn its back on the requirement. Second, the Senate's attention to other immigration reform policy problems may have distracted the Senate from the requirement. This focus on other policy conflicts meant that the Senate was not attending to the certificate of reviewability. What can the legislative history of a failed immigration jurisdiction-stripping provision reveal? By examining the legislative history through a public policy lens, this article enhances understanding of the legislative dynamic underlying an effort to strip immigration judicial review.
Author | : Robert Pauw |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Emigration and immigration law |
ISBN | : 9781573705073 |
Download Litigating Immigration Cases in Federal Court Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 154 |
Release | : 2006 |
Genre | : |
ISBN | : |
Download Symposium on Immigration Appeals and Judicial Review Book in PDF, ePub and Kindle