LibGuides: Immigration Law Concerning Removal Proceedings and Temporary Agricultural Workers by Anna Medrano: Encyclopedias

American Jurisprudence Removal Proceeding

	1. § 1707.Voluntary departure prior to completion of removal proceedings American Jurisprudence, Second Edition AMJUR ALIENS § 1707 An alien may be granted voluntary departure by an immigration judge only if the alien makes such request prior to or at the master calendar hearing at which the case is initially calendared for a merits hearing, makes no additional requests for relief (or if such requests have been made, such requests are withdrawn prior to any grant of voluntary... ...Alien, who departed the United States prior to the initiation of removal proceedings against him, was not the “subject of removal proceedings” at time of his departure, within meaning of immigration regulation, which barred jurisdiction by the Board of Immigration Appeals (BIA) over a motion to reopen removal proceedings filed after departure, by person who was subject of removal proceedings; regulation encompassed only those persons who departed the United States after removal... ...Alien, who departed the United States prior to the initiation of removal proceedings against him, was not the “subject of removal proceedings,” at time of his departure, within meaning of immigration regulation, which barred jurisdiction by the Board of Immigration Appeals (BIA) over a motion to reopen removal proceedings filed after departure, by person who was subject of removal proceedings; regulation encompassed only those persons who departed the United States after removal...
	3. § 1828.Jurisdiction American Jurisprudence, Second Edition AMJUR ALIENS § 1828 While jurisdiction to review a BIA final order of deportation rests solely with the Courts of Appeals, the District Courts have jurisdiction to review such ancillary matters as denial of adjustment of status. The District court has jurisdiction to review a decision purporting to deny an alien’s application for permanent residence, made over a year... ...Immigration judge lacked jurisdiction to review alien’s renewed application for adjustment of status during removal proceedings, under regulation in effect at time of removal proceedings, where alien had not been granted admission into United States.... ...The Court of Appeals had jurisdiction to review the order of the Board of Immigration Appeals (BIA) denying motion to reopen the prior denials of applications for cancellation of removal filed by Mexican aliens, who were husband and wife, to the extent that the aliens presented new and distinct hardship evidence of their citizen daughter’s medical condition of a disfiguring keloid in her ear and lack of safe medical treatment in Mexico for that condition, and one alien’s citizen mother’s precancerous condition in her cervix, which was not previously presented during removal proceedings....
	5. § 1614.Generally; proceeding as exclusive procedure for determining whether alien may be admitted or removed American Jurisprudence, Second Edition AMJUR ALIENS § 1614 Unless otherwise specified in the INA, a removal proceeding is the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in the removal proceeding statute affects proceedings involving expedited removal of aliens convicted of... ...1] Nothing in the removal proceeding statute[2] affects proceedings involving expedited removal of aliens convicted of committing aggravated felonies.[... ...Decision by Immigration and Naturalization Service to commence deportation proceedings rather than exclusion proceedings after alien was initially paroled into United States pending exclusion proceeding did not require Board of Immigration Appeals to afford alien extraordinary remedy of sua sponte reopening removal proceedings after time period for filing motion to reopen had expired, since alien conceded his deportability, and showed no prejudice from initiation of deportation rather than exclusion proceedings....
	7. § 1632.Order for removal in absentia for failure to appear—Rescission of order American Jurisprudence, Second Edition AMJUR ALIENS § 1632 An in absentia order that an alien be removed may be rescinded only: (1) upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances beyond the control of the alien, such as serious illness of the alien or serious illness or death... ...In denying alien’s motion to reopen removal proceedings for purpose of rescinding in absentia removal order that had been entered against him, Board of Immigration Appeals (BIA) improperly employed strong presumption that alien had received notice to appear at removal proceeding applicable for notices sent through certified mail, rather than less stringent, rebuttable standard for notices sent via regular mail.... ...Board of Immigration Appeals (BIA) acted within its broad discretion in concluding that proffered new evidence was not enough to establish eligibility for asylum, withholding of removal and cancellation of removal, and therefore denial of motion to reopen removal proceedings was not arbitrary, irrational or contrary to law; evidence emphasizing current country conditions in Indonesia did not establish prima facie eligibility for either asylum or withholding of removal and was insufficient to establish hardship....
	8. § 1638.Burden of proof on alien; presumption of receipt of notice of briefing schedule American Jurisprudence, Second Edition AMJUR ALIENS § 1638 In a removal proceeding, commenced upon a respondent’s arrival in the United States or after the revocation or expiration of parole, the alien has the burden of establishing: (1) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible; (2) by clear and convincing... ...Immigration judge’s finding that alien, a citizen of Pakistan, failed to establish that he never received notice of removal proceedings, as required to reopen removal proceedings conducted in absentia, was not an abuse of discretion; although alien argued that someone had falsified an application for status adjustment bearing his name, and thus, that notice of removal proceedings, sent to address on the application, was sent to incorrect address, it was questionable why anyone else would want to use alien’s identity on such an application, even if it were successful, given the only one who would benefit from that success would be alien himself, and, the signatures on application and alien’s affidavit were remarkably similar.... ...In “removal” proceedings, burden was on Mexican national, who resided in the United States pursuant to grant of parole by the Attorney General, to prove that she was eligible for admission, and not on government to prove that alien was removable; alien’s parole status pending final resolution of visa petition filed by her husband was not “admission” into the United States, such as would shift burden of proof to federal government....
	9. § 1627.Alien’s rights in proceeding American Jurisprudence, Second Edition AMJUR ALIENS § 1627 In the context of an administrative deportation hearing, the Fifth Amendment due process protections to which an alien is entitled include the right to demand the filing of a written notice, obtain legal representation, examine evidence against him or her, present evidence, cross-examine government witnesses, appeal the immigration judge’s decision... ...Failure to inform alien of his eligibility for discretionary forms of relief did not render his removal, under expedited procedures, on ground of his conviction of aggravated felony, fundamentally unfair, as required for alien to collaterally attack removal order in subsequent prosecution for illegal reentry after removal; alien had no constitutional right to be informed of eligibility for discretionary relief, and even if he did, as aggravated felon, alien was conclusively presumed to be subject to removal and was ineligible for cancellation of removal, voluntary departure, and registration as permanent resident alien, and aliens removed... ...Consideration of Mexican alien’s prior felony drug possession conviction, which was subject to prior grant of cancellation of removal, during removal proceedings, instigated after alien was twice convicted of theft, did not violate alien’s equal protection rights....

American Jurisprudence on Agricultural Worker

	1. § 1082.Prohibition against substandard housing American Jurisprudence, Second Edition AMJUR JOBDISCRIM § 1082 Under the MSPA, housing provided to migrant and seasonal farm workers must comply with federal safety and health standards, and a certification of compliance must be posted at the site. With respect to the MSPA’s mandate that “each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers... ...1] With respect to the MSPA’s mandate that “each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive federal and state safety and health standards applicable to that housing,”[2] there is authority that this should not be interpreted as including a scienter requirement.[... ...5] A provider of housing may be liable for violating this provision without there being an employment relationship between the provider and the migrant workers.[...
	2. § 50.Services performed by foreign agricultural workers American Jurisprudence, Second Edition AMJUR SOCIALSEC § 50 Services performed by a foreign agricultural worker lawfully admitted to the United States from the Bahamas, Jamaica, and the British West Indies, or from any foreign country or possession thereof, on a temporary basis to perform agricultural labor are excepted from employment. For example, Special Agricultural Workers (SAWs) employed by a Chapter... ...Services performed by a foreign agricultural worker lawfully admitted to the United States from the Bahamas, Jamaica, and the British West Indies, or from any foreign country or possession thereof, on a temporary basis to perform agricultural labor are excepted from employment.[... ...3] For example, alien farm workers serving as temporary agricultural laborers in the United States who were not admitted under the provisions of the Immigration and Nationality Act[4] are not exempt from paying FICA taxes.[...
	4. ¶9575.Agricultural work American Jurisprudence, Second Edition AMJUR FEDTAXN ¶ 9575 Services performed by foreign agricultural workers lawfully admitted to the U.S. from any foreign country or possession on a temporary basis for the purposes of performing agricultural labor are excluded from covered employment. ...Services performed by foreign agricultural workers lawfully admitted to the U.S. from any foreign country or possession on a temporary basis for the purposes of performing agricultural labor are excluded from covered employment.[... ...¶9575.Agricultural work...
	5. § 2187.Legal services American Jurisprudence, Second Edition AMJUR ALIENS § 2187 The Legal Services Corporation (LSC) is established by federal law to provide financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford legal assistance. Recipients of funds from the Legal Services Corporation are prohibited from providing legal assistance for or on behalf of ineligible... ...— non-immigrant agricultural workers admitted under the INA,[21] commonly called H-2 workers, where the legal assistance to be provided regards wages, housing, transportation, or other employment rights as provided in the worker’s specific contract under which the non-immigrant worker was admitted.[... ...— an alien who qualified as a special agricultural worker and whose status is adjusted to that of temporary resident alien under the provisions of IRCA (these workers are ineligible for legal assistance in order to obtain the adjustment of status of temporary resident under IRCA, but are eligible for legal assistance after the application for adjustment of status to that of temporary resident has been filed, and the application has not been rejected)....
	8. § 1943.Unauthorized alien; authorized alien American Jurisprudence, Second Edition AMJUR ALIENS § 1943 As used in the Immigration Reform and Control Act of 1986 (IRCA), making employment of unauthorized aliens unlawful, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either an alien lawfully admitted for permanent residence, or authorized by the statute or by... ...An alien in a lawful temporary resident status under the general legalization program[3] or the legalization program for special agricultural workers[4] is specifically authorized by those provisions to be employed while in such a status.... ...Construction and Application of Special Agricultural Worker (SAW) Program, 8 U.S.C.A. § 1160, 37 A.L.R. Fed. 2d 341...
	9. § 280.Department of Labor’s role American Jurisprudence, Second Edition AMJUR ALIENS § 280 The role of the Department of Labor in immigration derives from the provision of the INA which states that any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible unless the Secretary of Labor first certifies to the Secretary of Homeland Security and to the Secretary of State that: (1)... ...2] The Department of Labor also certifies the permanent employment of aliens and for temporary employment of aliens for agricultural and nonagricultural employment in the United States and administers labor attestation and labor condition application programs for the admission and/or work authorization of the following nonimmigrants:[3]... ...Homeland Security and to the Secretary of State that: (1) there are not sufficient United States workers who are able, willing, qualified (or equally qualified if the alien is a member of the teaching profession or has exceptional ability in the sciences or the arts), and available at the time of application for a visa and admission to the United States at the place where the alien is to perform...
	10. § 343.Other nonquota immigrants American Jurisprudence, Second Edition AMJUR ALIENS § 343 Aliens who are not subject to the worldwide levels or numerical limitations are as follows: aliens who are admitted as refugees or whose status is adjusted as a refugee aliens whose status is adjusted to permanent residence as a special agricultural worker or certain other persons admitted prior to January 1, 1982 aliens whose removal is canceled... ...• aliens whose status is adjusted to permanent residence as a special agricultural worker or certain other persons admitted prior to January 1, 1982[2]... ...•aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad[6]...
	14. § 2698.Documents included in offenses—Social Security cards American Jurisprudence, Second Edition AMJUR ALIENS § 2698 An alien who: (1) obtained temporary resident status under the special agricultural worker and amnesty (legalization) programs or under the provisions which authorize adjustment of status of Poles, Afghans, Ethiopians, and Ugandans who had been granted extended voluntary departure; (2) obtained permanent resident status under the Cuban/Haitian... ...An alien who: (1) obtained temporary resident status under the special agricultural worker and amnesty (legalization) programs or under the provisions which authorize adjustment of status of Poles, Afghans, Ethiopians, and Ugandans who had been granted extended voluntary departure; (2) obtained permanent resident status under the Cuban/Haitian adjustment program, or the registry program; or (3)...
	15. § 1781.Eligibility, generally; lawful immigration status requirement American Jurisprudence, Second Edition AMJUR ALIENS § 1781 To be eligible for adjustment of status to permanent residence, an alien must be in lawful immigration status on the date of filing the application for adjustment. The term “lawful immigration status” only describes the immigration status of an individual who is: in lawful permanent resident status; an alien admitted to the United States in... ...”Adjustment of status” occurred, for purposes of determining whether alien was inadmissible at that time and thus removable, on date of automatic adjustment of his status to lawful permanent status under the Special Agricultural Workers (SAW) provisions of INA rather than on earlier date alien received lawful temporary residence under SAW application....

American Law Reports Removal Proceedings

Title
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Money Laundering Offenses Under 8 U.S.C.A. § 1101(a)(43)(D) 67 A.L.R. Fed. 2d 407 (Originally published in 2012)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Marijuana Offenses Under 8 U.S.C.A. § 1101(a)(43)(B) 76 A.L.R. Fed. 2d 1 (Originally published in 2013)
		What Constitutes “Aggravated Felony” for Which Alien Can be Deported or Removed Under § 237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii)) (INA)—Obstruction of Justice, Perjury, or Bribery of Witnesses Under 8 U.S.C.A. § 1101(a)(43)(S) 64 A.L.R. Fed. 2d 579 (Originally published in 2012)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Crime of Violence Under 8 U.S.C.A. § 1101(a)(43)(F) 50 A.L.R. Fed. 2d 443 (Originally published in 2010)
		What Constitutes “Aggravated Felony” for Purposes of U.S.S.G. § 2L1.2(b)(1)(C), 18 U.S.C.A., Providing for Enhanced Sentence for Illegal Reentry If Defendant Was Previously Deported After Conviction for Aggravated Felony 25 A.L.R. Fed. 2d 349 (Originally published in 2008)
		Propriety of Determination Under 8 U.S.C.A. § 1158(d)(6) That Alien Knowingly Filed Frivolous Application for Asylum 33 A.L.R. Fed. 2d 411 (Originally published in 2009)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Fraud or Deceit Under 8 U.S.C.A. § 1101(a)(43)(M) 63 A.L.R. Fed. 2d 493 (Originally published in 2012)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Miscellaneous or Unspecified Narcotics Offenses Under 8 U.S.C.A. § 1101(a)(43)(B) 79 A.L.R. Fed. 2d 335 (Originally published in 2013)
		Application of Res Judicata Doctrine in Removal, Deportation, Exclusion, or Denaturalization Proceedings 74 A.L.R. Fed. 2d 341 (Originally published in 2013)
		Construction and Application of Special Agricultural Worker (SAW) Program, 8 U.S.C.A. § 1160 37 A.L.R. Fed. 2d 341 (Originally published in 2009)
		Comment Note: Ineffective Assistance of Counsel in Removal Proceedings—Particular Omissions or Failures 60 A.L.R. Fed. 2d 59 (Originally published in 2011)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Murder, Rape, or Sexual Abuse of Minor Under 8 U.S.C.A. § 1101(a)(43)(A) 27 A.L.R. Fed. 2d 227 (Originally published in 2008)
		Validity, Construction, and Application of § 237(a)(2)(E) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(E)), Providing for Removal of Alien for Domestic Violence, Stalking, Child Abuse, Neglect or Abandonment, or Violation of Protection Order 40 A.L.R. Fed. 2d 27 (Originally published in 2009)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Theft or Burglary Offenses Under 8 U.S.C.A. § 1101(a)(43)(G) 62 A.L.R. Fed. 2d 255 (Originally published in 2012)
		What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C.A. § 1227(a)(2)(A)(iii))—Cocaine and Crack Cocaine Offenses Under 8 U.S.C.A. § 1101(a)(43)(B) 76 A.L.R. Fed. 2d 61 (Originally published in 2013)
		Validity, Construction, and Application of Waiver of Inadmissibility Under INA § 212(h), 8 U.S.C.A. § 1182(h) 21 A.L.R. Fed. 2d 417 (Originally published in 2007)
		Preemption of State Statute, Law, Ordinance, or Policy with Respect to Law Enforcement or Criminal Prosecution as to Aliens 75 A.L.R.6th 541 (Originally published in 2012)
		Right of alien to re-enter after temporary absence 57 A.L.R. 1131 (Originally published in 1928)
		Limitation of time for deportation of alien 8 A.L.R. 1286 (Originally published in 1920)
		Ineffective assistance of counsel: misrepresentation, or failure to advise, of immigration consequences of guilty plea—state cases 65 A.L.R.4th 719 (Originally published in 1988)
		Construction and Application by State Courts of Supreme Court’s Ruling in Padilla v. Kentucky, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), That Defense Counsel Has Obligation to Advise Defendant That Entering Guilty Plea Could Result in Deportation 74 A.L.R.6th 373 (Originally published in 2012)

Miami Law Immigration Clinic

Miami Law University Law review has this report that talks about Removal Defense and Florida Drug Crimes.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376821

San Diego Law Review

The Immigration and Nationality Amendment Act of 1976
This talks a little of the immigration process and the Labor Certification Process