Immigration Legal Services Asylum Research

Transcription

1 Immigration Legal Services Asylum Research Teresa Miguel

2 Federal Statutes U.S. Constitution Article I, Sec. 8 gives Congress the authority to establish a uniform rule of naturalization INA Immigration and Nationality Act (1952) (Pub.L ) INA codified in Title 8 U.S.C.

3 INA Amendments INS Act of 1965 (Pub.L( Pub.L ) IRCA Immigration Reform Control Act of 1986 (Pub.L( Pub.L ) Immigration Act of 1990 (Pub.L( Pub.L ) IIRIRA Illegal Immigration Reform & Immigrant Responsibility Act of 1996 (Pub.L )

4 INA Amendments REAL ID Act of 2005 (H.R. 1268)(Pub.L ) 13) (119 Stat. 231, 302) (8 U.S.C. 1158) (USSCAN) Applies to new asylum applications filed on or after May 11, 2005 Burden of proof amended Sufficiency of the evidence standard added Credibility determination provisions added Copy of REAL ID Act on ILS Inside site and ILS Research Resources web page

5 Life of the REAL ID Act of 2005 (Appropriations) Bill: H.R Public Law: Pub.L Published in: USSCAN (West) 119 Stat. 231, 302 (official) 8 U.S.C.A (West) 8 U.S.C.S (Lexis) 8 U.S.C (official) Regulations Federal Register 8 C.F.R. 208, 1208

6 Executive Branch Federal Departments Administer the Immigration Laws Department of Homeland Security Department of Justice Department of State Department of Labor Department of Health and Human Services

7 Dept. of Homeland Security CIS Citizenship & Immigration Services Administers immigration benefits Adjudicates asylum claims Reviews immigration visa petitions Processes applications for citizenship Publications Asylum Officers Training Manual Affirmative Asylum Procedures Manual Adjudicators Field Manual CIS Interpretations interpret and clarify INA

8 Dept. of Homeland Security ICE Immigration & Customs Enforcement Performs immigration-related related investigations and enforcement CBP Customs & Border Protection Guards the borders Minor role in reviewing some visa applicants information and documentation

9 Department of Justice EOIR Executive Office for Immigration Review Adjudicates many types of immigration cases Immigration Courts BIA Board of Immigration Appeals Office of Chief Administrative Hearing Officer Publications Immigration Court Practice Manual BIA Court Practice Manual

10 Department of State Foreign Affairs Embassies and Consular offices Processes visas and U.S. passports Publications FAM Foreign Affairs Manual DOS policies and structure Vol. 9 addresses Visas Visa Bulletin Includes numbers of visas granted

11 Agency Regulations Title 8 C.F.R. Aliens and Nationality Chapter I Dept. of Homeland Security Chapter V Executive Office of Immigration Review, Dept. of Justice Federal Register (Fed.Reg.) Proposed and final immigration regulations Notices of new immigration regulations Unified agenda of federal agencies

12 Conversion Table from Title 8 U.S.C.A. (page 1) from Title 8 C.F.R. Chapter I (page 3) INA (CFR numbering based on INA) Asylum (both INA and CFR 208, 1208) Title 8 U.S.C Asylum - Posted on ILS Inside

13 Structure of Title 8 U.S.C. Chapters 1 11 all repealed or transferred because of Amendments Chapter 12 Immigration and Nationality Subchapter I General Provisions Subchapter II Immigration Part I Selection Chapter 13 Immigration and Naturalization Service Chapter 14 Restricting Welfare and Public Benefits for Aliens Chapter 15 Enhanced Border Security and Visa Entry Reform C.F.R. (as of Jan. 1, 2006) Chapter I Dept. of Homeland Security Subchapter A General Provisions Subchapter B Immigration Regulations Subchapter C Nationality Regulations Chapter V EOIR, Dept. of Justice Subchapter A General Provisions Subchapter B Immigration Regulations Subchapter C Nationality Regulations

14 Structure of Title 8 U.S.C. Chapter 12 Immigration and Nationality Subchapter II Immigration Part I Selection System 1158 Asylum (a) Authority to apply for asylum (b) Conditions for granting asylum (c) Asylum status (d) Asylum procedure 8 U.S.C C.F.R. Subchapter B Immigration Regulations Part 208 (Ch. I) / Part 1208 (Ch. V): Procedure for Asylum and Withholding of Removal Subpart A Asylum and Withholding of Removal Establishing asylum eligibility Subpart B Credible Fear of Persecution 8 C.F.R ,

15 How to Find Immigration Cases Administrative Decisions Immigration Courts Board of Immigration Appeals Circuit Courts United States Supreme Court

16 Administrative Decisions Print (both current through 2006) Hein's Cumulative Index to Interim Precedent Decisions of the Board of Immigration Appeals -KF H45 L4 Administrative Decisions Under Immigration and Nationality Laws I. & N. Dec. KF4812.A2 U54 L4 Attorney General Commissioner of Immigration and Naturalization Board of Immigration Appeals Patel s s Citations - KF P38 L4

17 Administrative Decisions Electronic (subscription) Lexis & Westlaw Board of Immigration Appeals (BIA) to current Office of Chief Administrative Hearing Officer (OCAHO) (DOJ) to current Board of Alien Labor Certification Appeals (BALCA) to current BIA and Administrative Appeals Unit (AAU DOJ) Non-precedent opinions 1985 current Combined search

18 Administrative Decisions Electronic (open access) EOIR (DOJ) Virtual Law Library When you have a citation not for searching AG and BIA opinions 1955 current (pdfs( pdfs) OCAHO decisions 1988 current (pdfs( pdfs) Link on ILS website

19 Reporters Appeals from BIA and other agencies are heard in Circuit Courts F., F.2d, F.3d Federal Appendix (unreported decisions) 2 nd Circuit Rule citing unpublished opinions (i.e. Summary Orders ) FRAP 32.1 / LR.23 Citation to Summary Orders filed after January 1, 2007, is permitted Summary Orders do not have precedential effect

20 Reporters Appeals from Circuit Courts go to USSC 3 USSC reporters Official US Reports (U.S.) West Supreme Court Reporter (S.Ct( S.Ct.).) Lexis Lawyers Edition (L.Ed( L.Ed.).)

21 Print Digests Word index or volume Examine the outline Check the pocket part Digests Topic and Key Number (Westlaw) Topic: Aliens, Immigration, and Citizenship (24) VII: Asylum, Refugees, and Withholding of Removal (k490 k649) 533 Female Genital Mutilation 24k533 (can add search terms) Can find most cited cases

22 Citators Shepard s s (Lexis) Cases that cite original case Statutes referenced Law review articles citing case KeyCite (Westlaw) Case treatment