ILA Index by Topic

Admission | Adoption | Aggravated Felony | Asylum | Attorneys | Bond & Detention | Cancellation of Removal | Competency | Convention Against Torture | Citizenship | Crimes Involving Moral Turpitude | Criminal Convictions | Deference | Deportability | Entry | Evidence | History | Inadmissibility | Legislation | Motions | Removal Proceedings | Real ID Act | Terrorist Activity |  Visa | Waivers

ADMISSION

Admission/Admitted

  • The Continuing Struggle To Define "Admission" and "Admitted" in the Immigration and Nationality Act. June 2012
  • The Meaning of "Admission" and "Admitted" in the Immigration and Nationality Act. October 2009

Unlawful Presence

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ADOPTION

  • Intercountry Adoption Processes and Their Continuing Complexities. April 2016

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AGGRAVATED FELONY

Assault, Battery, and Harassment

  • Misdemeanor Assault, Battery, and Harassment as Crimes of Violence-A Circuit Court Split. February 2007

Burglary

Crimes of Violence

  • Peas in a Pod, or Birds of a Different Feather? A Discussion of Johnson v. United States and What It Might Mean for the Immigration and Nationality Act’s Crime of Violence Aggravated Felony Provision. December 2016

  • Measuring the Risk of Physical Force in Evaluating Crimes of Violence Under 18 U.S.C. § 16(b). February 2011
  • Dynes and Newtons: "Crime of Violence" Standards in the Wake of Johnson v. United States. March 2010

Drug/Illicit trafficking - sec. 101(a)(43)(B)

  • Just Say No to Socks: The Evolution of the Immigration and Nationality Act’s Drug Removability Statutes Pre- and Post-Mellouli.  July 2017
  • Moncrieffe v. Holder: Exploring the Legal Landscape of Section 101(a)(43)(B) of the Act. August 2013
  • The Treatment of Multiple State Possession Offenses in Light of Lopez. May 2007
  • Crimes and Misdemeanors: The Supreme Court’s Decision in Lopez v. Gonzales. January 2007

Rape

  • Discussing the Unmentionable: Analyzing Child Abuse and Rape in Immigration Law. July - August 2012

Sexual Abuse of a Minor

  • Disparate Definitions: Uncertainty Regarding What Constitutes "Sexual Abuse of a Minor"  - August 2016

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ASYLUM

Claims based on:

  • Coercive Population Control
    • Relief in Their Own Right: Asylum for the Children of Victims of Coercive Population Control Policies. October 2011
    • Survey: Circuit Court Treatment of Documents Commonly Submitted in CPC Asylum Claims. June 2009
    • Issues Arising in Coercive Population Control Claims: Survey of Board of Immigration Appeals and Federal Court Decisions. September 2007
    • "Attention Must Be Paid": Circuits Issue Significant Decisions in Chinese Coercive Population Control Cases. July 2007
  •  Corruption and Whistleblowing
    • Asylum and Withholding of Removal Claims Involving Corruption and Whistleblowing. February 2015
  •  Country Conditions
    • Changed Circumstances and Country Conditions with Respect to Asylum. August 2009
  •  Particular Social Group
    • Female Genital Mutilation
      • Emerging Trends in the Circuits: Asylum Claims Based on Female Genital Mutilation. October 2007
    •  Gangs
      • Gang-Related Asylum Claims: Looking Back and Looking Forward. June 2015
      • Recent Developments in Gang-Related Asylum Claims Based on Membership in a Particular Social Group. June 2010
      • Gang Violence and Asylum: The Problem of Defining a Particular Social Group. December 2007
    •  Sexual Orientation
      • Asking and Telling: Identity and Persecution in Sexual Orientation Asylum Claims. September 2008
    •  Visibility
  • Pattern or Practice
    • Organized Atrocities: Asylum Claims Based Upon a "Pattern or Practice" of Persecution. March 2013
  •  Political Opinion

Firm Resettlement

  • The Unsettled Concept of Firm Resettlement as a Bar to Asylum. June 2007

Grounds

  • Disparity? or Diversity? Contested Issues in Asylum Law. September 2009

Humanitarian

  • Relief After Rebuttal: Reaching Humanitarian Asylum Under the Regulations. January 2013

Material Support

  • Differentiating the Material Support and Persecutor Bars in Asylum Claims. February 2009
  • Affording Material Support to a Terrorist Organization-A Look at the Discretionary Exemption to Inadmissability for Aliens Caught Between A Rock and A Hard Place. April 2008

Persecutor Bar

  • Splitting Hairs: Burden of Proof, Voluntariness and Scienter Under the Persecutor Bar to Asylum Based Relief. March 2008

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ATTORNEYS

Fraud and Unauthorized Practice

  • Fraud and the Unauthorized Practice of Law in Immigration Proceedings. October 2015

Ineffective Assistance

  • The Supreme Court's Decision in Padilla v. Kentucky. July-August 2010
  • Matter of Compean: Balancing Fairness and Finality in Deficient Performance of Counsel Claims. March 2009

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BOND & DETENTION

  • Developments in Civil Detention: Circuit Approaches to the Reasonableness of Prolonged Detention and Interpretations of the “When Released” Clause.  May-June 2016
  • The Expanded Bond Docket for Immigration Judges in the Ninth Circuit: Conducting Bond Hearings After Final Administrative Orders of Removal. January 2012
  • Alternatives to Detention and Immigration Judges' Bond Jurisdiction: Considering Matter of Aguilar-Aquino and Matter of Garcia-Garcia.April 2010
  • In Limbo: Continued Detention Review for Specially Dangerous Aliens.  May 2008
  • Bond Proceedings Before Immigration Judges and the Board of Immigration Appeals. July 2008
    • ADDENDUM: Bond Proceedings Before Immigration Judges and the Board of Immigration Appeals. August 2008

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CANCELLATION OF REMOVAL

  • Criminal Bars
  • Extreme Hardship
    • Cancellation of Removal: When is Exceptional and Extremely Unusual Hardship a Question of Law?  February 2010
  • Stop-time Rule
      • IIRIRA at 20 Years: An Overview of the Breadth and Depth of the Stop-Time Rule. May – June 2017

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COMPETENCY

  • Matter of M-A-M- and Its Progeny: Procedural Tools for Navigating Competency Issues in Immigration Proceedings - Fall 2022

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CONVENTION AGAINST TORTURE

  • Government Acquiescence
    • Persecutor or Common Criminal? Assessing a Government’s Inability or Unwillingness to Control Private Persecution. September 2014
    • The Convention Against Torture and Acquiescence: Willful Blindness or Willful Awareness? April 2011
    • The Convention Against Torture: When does a Public Official Acquiesce to Torture Committed by a Third Party? March 2007
  • Specific Intent Standard
    • Recent Developments in the Specific Intent Standard in Convention Against Torture Cases. January 2009
  • State Actors and Official Involvement
    • Off-Duty Officers, Rogue Actors, and Low-Level Officials: Whose Conduct Establishes Official Involvement under the Convention Against Torture? August – September 2017

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CITIZENSHIP

  • U.S. Citizenship Law and the Means for Becoming a Citizen. November 2008

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CRIMES INVOLVING MORAL TURPITUDE

  • A Split Among the Circuits: Taking Opposing Sides on Silva-Trevino. October 2012
  • The Heart of Silva-Trevino: Still Beating? October 2011
  • Moral Turpitude After Silva-Trevino. July 2009

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CRIMINAL CONVICTIONS

  • Consequences, Immigration
    • Analysis of the Immigration Consequences of Criminal Convictions after Descamps v. United States. June 2014
    • Statutory Interplay: The Immigration Consequences of a Burglary Conviction. November-December 2014
  • Finality
  • Fraud - "Loss to Victim"
    • Fraud or Deceit Offenses: Calculating "Loss to the Victim or Victims" after Nijhawan v. Holder. July-August 2015
    • Calculating Loss to the Victim or Victims Under Section 101(a)(43)(M)(i) of the Immigration and Nationality Act: Survey of Circuit Court Decisions. April 2007
      • Addendum: Calculating "Loss to Victim or Victims Under section 101(a)(43)(M) of the Immigration and Nationality Act. June 2007
      • Addendum: Calculating Loss to Victim or Victims Under section
        101(a)(43)(M) of the Immigration and Nationality Act. November 2007
      • Addendum: Calculating "Loss to Victim or Victims." February 2008
      • Addendum: Calculating "Loss to Victim or Victims" under section
        101(a)(43)(M) of the Immigration and Nationality Act. March 2008
      • ADDENDUM: Calculating "Loss to Victim or Victims" Under Section
        101(a)(43)(M). July 2008
  • Modified Categorical Approach
    • Circuit Court Modifications to the Modified Categorical Approach. April 2012
  • Proof of
    • Proving the Fact of Conviction in Immigration Proceedings: A Precategorical Analysis. March 2012
  • Treatment
    • The Evolving Interpretation of the Categorical and Modified Categorical Approaches:  Chairez III and Silva-Trevino III.  January 2017
    • Treatment of Criminal Convictions in the Immigration Context. October 2008

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DEFERENCE

  • Judicial
    • Brand X: Deference Should Be More Than A Matter of "Who's On First." January 2008

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DEPORTABILITY

  • Participated in Nazi Persecution sec. 237(a)(4)(D)
    • Removable Officers and the Doctrine of Command Responsibility. March 2014
  • Smuggling
    • Removability for Smuggling Under Sections 212(a)(6)(E) and 237(a)(1)(E) of the Immigration and Nationality Act. March 2010

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ENTRY

  • Admission and Admitted
    • The Continuing Struggle To Define "Admission" and "Admitted" in the Immigration and Nationality Act. June 2012
  • Fleuti Doctrine
    • Vartelas v. Holder: The Revival of the Fleuti Doctrine. April 2013

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EVIDENCE

  • Administrative Notice
    • Beyond the Record: Administrative Notice and the Opportunity To Respond. September 2015
    • "World, Take Good Notice" The Circuits' View of Administrative Notice. November 2007
  • Corroborative
    • Corroboration Requirements Under the REAL ID Act: Notice and Reasonably Obtainable Evidence. April 2015
  • Documents
    • Tackling Fraud Without Trampling Due Process:  A Procedural Framework for Considering Document Similarities in Immigration Proceedings.  February 2017
    • Measured Reliance: Evaluating the Authenticity of Foreign Documents in Removal Proceedings. September 2010
    • Survey: Circuit Court Treatment of Documents Commonly Submitted in CPC Asylum Claims. June 2009
    • Subpoenas in Immigration Court. August 2011
    • Trust, but Verify: Document Similarities and Credibility Findings in Immigration Proceedings. March 2011
  • Electronic Sources

    • Indicia of Reliability in the Information Age: An Overview of Internet Sources in Immigration Proceedings .  November 2016

  • Exclusion of

    • What To Do When the Constable Blunders? Egregious Violations of the Fourth Amendment in Removal Proceedings. September 2012

    • Life Does not Always Imitate Television: The "Exclusionary Rule" in Immigration Proceedings. March 2011
    • Suppression: Respondents Look for a Shield and Sword in Immigration Proceedings.  June 2008
  • Identity
    • Deciphering the Lopez-Mendoza "Identity Statement" Rule: A Rule of Personal Jurisdiction or a Bar to Suppressing Evidence of Identity? March 2015
    • Suppression: Respondents Look for a Shield and Sword in Immigration Proceedings.  June 2008

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HISTORY

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INADMISSIBILITY

  • Participated in Nazi Persecution sec. 212(a)(3)(E)
    • Removable Officers and the Doctrine of Command Responsibility. March 2014
    • Assistance in Persecution Under Duress: The Supreme Court's Decision in Negusie v. Holder and the Misplaced Reliance on Fedorenko v. United States. May 2009
  • Smuggling
    • Removability for Smuggling Under Sections 212(a)(6)(E) and 237(a)(1)(E) of the Immigration and Nationality Act. March 2010
  • Special Immigrant Juvenile
    • Special Immigrant Juveniles: All the Special Rules. January 2014
  • Unlawful Presence - The Unlawful Presence Bars: Think Twice. February 2013

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LEGISLATION

  • Immigration Legislation Possibilities after the Demise of Comprehensive Immigration Reform. January 2008

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MOTIONS

  • Continuances
    • Second Chances: Motions for Continuances Under Matters of Garcia, Velarde, and Kotte. August 2008
  • Equitable Tolling
    • Equitable Tolling of Motions Deadlines-A Survey of Circuit Court Decisions. August 2007
      • Addendum: Equitable Tolling of Motions Deadlines-A Survey of Circuit Court Decisions. February 2008
  • Reopen or Reconsider
    • Running Away From the Regulatory Departure Bar, One Circuit at a Time, in Opposite Directions. September-October 2013
  • Suppression
    • Suppression: Respondents Look for a Shield and Sword in Immigration Proceedings.  June 2008

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REMOVAL PROCEEDINGS

  • Burden of Proof
    • The Shifting Burdens of Immigration Law. October 2014
    • The Burden of Proof and Relief from Removability: Who Benefits From the Ambiguity in an Inconclusive Record of Conviction. February 2012
  • Competency
    • Competency Issues in Removal Proceedings: An Update. January 2016
    • Incompetent Respondents in Removal Proceedings. April 2009
  • Credibility - Plausibility

    • Finding Firm Ground: Exploring the Limits of Adverse Credibility. March – April 2017

    • The Quality That Makes Something Worthy of Belief: REAL ID Credibility Standards and the Parameters of Plausibility Findings. July 2011
    • Trust, but Verify: Document Similarities and Credibility Findings in Immigration Proceedings. March 2011
    • Measured Reliance: Evaluating the Authenticity of Foreign Documents in Removal Proceedings. September 2010
  • Deadlines
    • When Time Is of The Essence: Applying Timing Rules in Immigration Proceedings. May 2012
  • Exclusionary Rule
    • What To Do When the Constable Blunders? Egregious Violations of the Fourth Amendment in Removal Proceedings. September 2012
    • Life Does not Always Imitate Television: The "Exclusionary Rule" in Immigration Proceedings. March 2011
    • Suppression: Respondents Look for a Shield and Sword in Immigration Proceedings.  June 2008
  • Expert Witnesses
    • Expert Witnesses in Immigration Proceedings. May 2010
  • Preclusion - Issue or Claim
    • A Preclusive Effect: Issue Preclusion in Immigration Practice. January 2015
  • Smuggling
    • Removability for Smuggling Under Sections 212(a)(6)(E) and 237(a)(1)(E) of the Immigration and Nationality Act. March 2010
  • Subpoenas
  • Venue
    • Location, Location, Location: Venue for Immigration Appeals in the U.S. Circuit Courts. January 2011

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REAL ID ACT

  • Credibility - Plausibility
    • The Quality That Makes Something Worthy of Belief: REAL ID Credibility Standards and the Parameters of Plausibility Findings. July 2011
  • Implementation
    • The Real Deal on REAL ID-An Update on Implementation. February 2008
      • Addendum: The Real Deal on REAL ID-An Update on Implementation. March 2008

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TERRORIST ACTIVITY

  • One Person’s Freedom Fighter, Duress, and the Terrorism Bar. September 2016
  • Let's Talk "TRIG": Litigation in the Federal Courts on the Terrorism-related Inadmissibility Grounds. November-December 2013
  • New Developments on the Terrorism-Related Inadmissibility Ground Exemptions. December 2008
  • Affording Material Support to a Terrorist Organization-A Look at the Discretionary Exemption to Inadmissability for Aliens Caught Between A Rock and A Hard Place.  April 2008

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 VISA

  • Nonimmigrant
    • K - Marriage Based
      • Understanding Marriage-Based K Nonimmigrant Visas: The Difficulty in Saying "I Do." June-July 2013
      • Marital Rites: Recent Court Decisions on Visa Eligibility, Waivers, and Marriage Fraud. May 2009 

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WAIVERS

  • 209(c)
    • Waiver Relief for Refugees Who Have Engaged in Criminal Activity. January 2010
  • 212(c)
    • Enchanted April: Love, Hope, and Section 212(c) All Spring Eternal. April 2011
    • The Current Status of Section 212(c): Considering Abebe v. Holder. November 2009
  • 212(h)
    • Waivers of Inadmissibility for Lawful Permanent Residents Under Section 212(h) of the Act. April-May 2014

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Updated December 5, 2022

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