Author Archives: Jill Family

When Adjudication is Avoiding Adjudication

by Jill Family — Monday, July 31, 2017

Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]

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Immigration Law at AALS- 2 Calls for Papers

by Jill Family — Friday, July 28, 2017

The Immigration Law Section has out two calls for papers for AALS 2018.  San Diego!  In January!  Both calls are posted below.  One is for works in progress, the other is for the section’s main program at the conference. AALS Immigration Law Section Call for Papers for Works-in-Progress Session at AALS San Diego, CA Saturday, […]

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A Regulatory Rollback in Immigration Law?

by Jill Family — Thursday, May 4, 2017

The Environmental Protection Agency is seeking public comment to help it identify “regulations that may be appropriate for repeal, replacement, or modification” in response to President Trump’s executive order directing agencies to conduct such inquiries.  The EPA notice made me wonder if we will see a similar notice from the immigration agencies seeking similar input. […]

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Due Process Waivers in Immigration Law

by Jill Family — Wednesday, Mar. 15, 2017

The Trump Administration’s immigration law policies are shining new light on the due process gaps in immigration law. In addition to the due process issues raised by his travel ban, President Trump’s new policies on expedited removal raise legal questions about the absence of process in immigration law. There is another due process gap that […]

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Due Process Sleight of Hand, by Jill E. Family

by Jill Family — Tuesday, Feb. 21, 2017

[2/21 3:10PM Update: The final signed versions of the Kelly guidance memos are available here. The final version of the relevant memo includes the same rationale about immigration court backlogs discussed in this post.] Are these the actual guidance memos? Two guidance memos signed by Secretary of Homeland Security Kelly recently surfaced that appear to […]

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