Immigration Law and the Proportionality Requirement

Immigration Law and the Proportionality Requirement (Michael Wishnie, 2 U.C. IRV. L. REV. 415 (2012)). Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. Doctrinal and theoretical debates concerning proportionality review of criminal sentences, civil punitive damages awards, and other sanctions Read More

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness

Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness (Mary Holper, Nebraska Law Review 90, no.3 (2012): 647-702). A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void for vagueness because courts had long held the noncitizen’s offense, fraud, to be a CIMT, so he Read More

Separation, Deportation, Termination

Separation, Deportation, Termination (Marcia Yablon-Zug, 32 B.C. J.L. & Soc. Just. 63 (2012)). There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts and welfare agencies that continuing or resuming parental custody is in their child’s best interest. This requirement is unique to immigrant parents and can have a disastrous impact on their ability to retain custody of Read More

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings

Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings (Aliza B. Kaplan, 26 Geo. Immigr. L.J. 523, 2012) In May 2011, in Matter of M-A-M, the Board of Immigration Appeals (BIA) for the first time examined the issue of mentally disabled aliens and their vulnerability in immigration proceedings. To assist Immigration Judges (IJs), the BIA created a framework to analyze cases where issues of mental competency are raised. While this decision appears to recognize the unjust Read More

Working with Deported Individuals in the Pacific: Legal and Ethical Issues

Working with Deported Individuals in the Pacific: Legal and Ethical Issues (UNDP Pacific Centre, 2012) Deportation as described by the International Organization for Migration (IOM) refers to “the act of a State in the exercise of its sovereignty in removing an alien from its territory to a certain place after refusal of admission or termination of permission to remain.” Therefore, for criminal deportation cases this refers to the removal of an alien (non-citizen) after committing a criminal act in the Read More