Legal Question in Immigration Law in California

Immigration Case Law and statutes

I am working on a term paper about immigration law as it applies to illegal immigrant parents of US citizens. I have had a difficult time finding the exact law that states that you must be deported if you are an illegal immigrant and do not fall into a ''relief from removal' category. Also, is there other case law besides Acosta. v. Gaffney where the judge granted a stay to parents of US citizens? I have to argue both sides and I have a lot of case law where deportation was decided which leaves my paper one sided. Thanks for your help.


Asked on 5/11/09, 6:24 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Immigration Case Law and statutes

Dear Inquirer:

Good luck with your project. Grounds of removability are found at Title 8 USC �1227 et. seq. and 8 USC �1182 contains the list of grounds of inadmissibility. These include being present in the US without having been inspected and admitted and failing to comply with the terms of one's nonimmigrant admission. Once a person in removal proceedings is deemed "removable" on these grounds, he then may make an application for relief from removal, such as Cancellation of Removal. The mere fact that a person has US-born children will not entitle that person to relief in removal proceedings.

Regards,

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Answered on 5/11/09, 6:38 pm


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