Immigration Law — Law Library

Statutes & Rules

Immigration and Nationality Act (INA) (8 U.S.C. § 1101 et seq.)

The primary federal statute governing immigration; covers visa categories, grounds of inadmissibility and deportability, asylum, and naturalization.

Asylum (8 U.S.C. § 1158)

Allows individuals physically present in the United States to apply for asylum if they face persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

Removal Proceedings (8 U.S.C. § 1229a)

Establishes the formal process for removing noncitizens, including hearings before an Immigration Judge and the right to appeal to the Board of Immigration Appeals (BIA).

Adjustment of Status (8 U.S.C. § 1255)

Allows certain noncitizens already in the U.S. to apply for lawful permanent residence without leaving the country.

Procedures for Asylum and Withholding of Removal (8 C.F.R. § 208)

Regulatory framework implementing the statutory asylum provisions, governing applications, interviews, and adjudication standards.

Landmark Cases

• INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) — The 'well-founded fear' standard for asylum is less demanding than the 'clear probability' standard for withholding of removal; a 10% chance of persecution can be sufficient.
• Zadvydas v. Davis, 533 U.S. 678 (2001) — Due process limits the government's authority to detain a removable alien indefinitely; detention beyond six months is presumptively unreasonable.
• Padilla v. Kentucky, 559 U.S. 356 (2010) — Defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the deportation consequences of a guilty plea.
• Sessions v. Dimaya, 584 U.S. 148 (2018) — The 'crime of violence' definition used as a basis for deportation was unconstitutionally vague under the Fifth Amendment's due process clause.
• DHS v. Regents of Univ. of California, 591 U.S. 1 (2020) — The rescission of DACA was arbitrary and capricious under the Administrative Procedure Act; the agency failed to consider important reliance interests.

Key Terms

LPR (Lawful Permanent Resident)

A noncitizen authorized to live and work permanently in the United States; holds a 'green card.'

Asylum

Protection granted to people who have been persecuted or have a well-founded fear of persecution in their home country.

Withholding of Removal

A form of protection preventing removal to a specific country where the person would face persecution; harder to obtain than asylum but not subject to the one-year filing bar.

CAT (Convention Against Torture)

Protection from removal to a country where a person would more likely than not be tortured by or with the acquiescence of the government.

Removal / Deportation

The formal process of expelling a noncitizen from the United States following a finding of removability.

Inadmissibility

Grounds that bar a noncitizen from entering or obtaining a visa or green card (e.g., criminal history, health grounds, prior removal).

Naturalization

The legal process by which a noncitizen acquires U.S. citizenship, generally requiring 3–5 years of permanent residence, good moral character, and passage of a civics test.

I-589

The form used to apply for asylum and withholding of removal with USCIS or the immigration court.

Bond Hearing

A hearing before an immigration judge to determine whether a detained noncitizen may be released from custody pending removal proceedings.

DACA

Deferred Action for Childhood Arrivals — a federal program granting temporary deportation relief and work authorization to certain undocumented individuals brought to the U.S. as children.