The Nature and Causes of the Immigration Surge in the Federal Courts of Appeals: A Preliminary Analysis

Dubious Deference: Reassessing Appellate Standards of Review in Immigration Appeals

The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. First, the most prominent justification for deference relies on the empirical assumption that first-instance adjudicators are best able to determine the truth because they can directly view witness demeanor. Decades of social science resea...

Justice on the Fly: The Danger of Errant Deportations

The government may deport an immigrant appealing a deportation order in federal court even before the court rules on the case, unless the court issues a stay of removal. In its 2009 decision in Nken v. Holder, the Supreme Court clarified that the legal standard for stays of removal is the same test courts use for preliminary injunctions. Yet Justice Kennedy expressed frustration that the Court ...

Statistical analysis of immigrants to Abyssinia

immigration to Abyssinia, which took place at the beginning of the official invitation of the Prophet (PBUH) in the fifth year of the Besat, is of the most important events in the history of Islam. There are few historical documents of this immigration. Lack of information has prevented proper historical research about this immigration. Hence, the causes, manner and consequences of immigrating ...

A Federal Appellate System for the Twenty-First Century

In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisio...

Nonacquiescence in Immigration Decisions of the U.S. Courts of Appeals