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The War on Terror as a Metaphor for Immigration Regulation: A Critical View of a Distorted Debate

"The “war on terror” represents a powerful metaphor reaching into the everyday lives of millions of non-U.S. citizens and citizens alike, both domestically and abroad. The “war” has skewed the debate, specifically regarding immigration regulation and reform. It is...

The War on Terror as a Metaphor for Immigration Regulation: A Critical View of a Distorted Debate

"The “war on terror” represents a powerful metaphor reaching into the everyday lives of millions of non-U.S. citizens and citizens alike, both domestically and abroad. The “war” has skewed the debate, specifically regarding immigration regulation and reform. It is...

NLRB Memo: Case Handling Instructions for Compliance Cases after Flaum Appetizing Corp.

"The decision in Flaum instructs that the Board will not allow a respondent to use Board processes to launch a fishing expedition aimed at discovering unanticipated evidence that might mitigate its backpay liability under Hoffman Plastics." - NLRB, May 4, 2012 .

Settlement ends long-running dispute involving immigrant workers at New York food wholesaler

"A kosher food product wholesaler in New York has agreed to settle a long-running NLRB case by paying $186,000 to former employees who lost their jobs in the midst of a union organizing campaign. The settlement culminates a lengthy effort by the NLRB to enforce an order that Flaum Appetizing...

The Abuse of the Transgendered in Immigration Detention

"Do you know who I would not want to be? A transgendered person in a federal detention facility awaiting an immigration court hearing or a decision by the Board of Immigration Appeals. Such persons may be held in "administrative segregation" for no other reason than their transgendered...

Arizona v. U.S. and Obama's Deferred Action Policy: Geoffrey Hoffman

" I am hopeful that this decision is fully utilized for what it actually stands for: embracing the executive's power to fashion an intelligent and targeted approach to immigration enforcement. There should be no doubt that the president's power to do just that was the real holding of Arizona...

Texas Helicopter Shooting Deaths: Excessive Use of Force

"Was it right for a Texas Department of Public Safety employee to shoot at a pick-up truck [from a helicopter,] resulting in the deaths of two undocumented immigrants? Was it a reasonable use of police force? Under the doctrine of proportionality, law enforcement officers are required to use only...

BIA on Social Group, Ghana (Unpub.)

"[R]espondent claims that he belongs to a particular social group consisting of individuals from Ghana who suffer from severe mental illnesses, such as bipolar disorder, and are indigent and lack family support. ... We conclude, based on the record before us in this case, that the respondent's...

CA5 on Hague Convention, Asylum: Sanchez v. R.G.L.

Prof. Geoffrey A. Hoffman writes: "This is a new and interesting published decision in which your readers may be interested. The panel came down 2-1. Remand with instructions to consider asylum relating to Hague Convention proceedings - this is an issue of first impression. Professor Lee Teran at...

The Border Children: They Are Not Criminals and They Need Counsel - Geoffrey A. Hoffman

"Our nation's response to this humanitarian crisis at the border has not been clear or coherent. From the right and left the voices which have defined the debate have been guilty of the same underlying misconception: that these children must be "criminals" and that they need to be...

Immigration Courts a Legal Paradox: Geoffrey Hoffman

"Many of the paradoxes so ingrained in immigration adjudication can be traced to the central presupposition that removal is a civil versus a criminal proceeding. This largely unquestioned assumption has served to insulate removal proceedings from the important constitutional protections widely guaranteed...

Immigration Appellate Litigation Post-Deportation: A Humanitarian Conundrum

"This Article raises awareness concerning an injustice caused by our current immigration system in the United States. It explains the facts and procedural history of one person’s fight to remain in the United States, and his ultimate physical deportation while his pro se case was still pending...

Unpub. BIA Asylum Remand Victory; Iraq, Social Group, Immutability

"In the instant case, the Immigration Judge found that the respondent's proposed social group lacks an immutable characteristic. However, the past experience of having cooperated or worked with Americans or American entities or organizations is, by its very nature, immutable. In addition, the...

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion. From the...

Geoffrey Hoffman: EOIR Needs Better Immigration Judges

Prof. Geoffrey Hoffman , Nov. 24, 2015 - "It is important, I think, to note the import but also the paradox behind the BIA's latest precedent decision, Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) that admonishes IJ's not to bully minors. In the decision, the Board discusses conduct...

Geoffrey Hoffman on Unpub. BIA Victory for Cornell Law Students

Geoffrey Hoffman, Feb. 2, 2016 - "The three interlocutory appeals of denials of law student appearances filed on behalf of Cornell Law School ’s clinical programs were successfully granted by the Board of Immigration Appeals (BIA). I would like to take a moment to pause and reflect on this...

Experts Weigh In On Judge Weil Deposition Controversy (Updated Mar. 8, 2016)

In the wake of Jerry Markon's March 5, 2016 Washington Post story ( Can a 3-year old represent herself in immigration court? This judge thinks so ), experts have responded. Here are some excerpts: Former Immigration Judge Eliza Klein writes : "No rational person actually believes a three...

The U.S. Keeps Deporting American Citizens

Meredith Hoffman, Mar. 8, 2016 - "The story is strikingly common: thousands of citizens have been unlawfully deported or detained by ICE in recent years, according to extensive research undertaken by Jacqueline Stevens, a political science professor at Northwestern University who directs the school's...

Students and Professors Fight for Families at Karnes Detention Center - AILA Leadership Blog

AILA Leadership Blog, Mar. 14, 2016 - "Two weeks ago, six law students from the University of Houston Law Center’s Immigration Clinic visited Karnes Detention Center. The students were Kate Chapman (3L), Ivonne Escobar (2L), Hellieth Pedroza Guzman (2L), Nekka Morah (2L), Medjine Desrosiers...

Prof. Geoffrey A. Hoffman on ICE Raids and the "Non-Priorities Priorities"

Prof. Geoffrey A. Hoffman, Feb. 14, 2017 - "Over the weekend hundreds of immigrants were arrested. Despite statements by some in the administration that the arrests were “routine,” they appear to be an implementation of the Executive Order on interior enforcement signed by the President...