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Deportation Of Americans From The United States
Deportation of Americans from the United States is the wrongful expulsion, return or extradition of Americans to other countries, often after being convicted of a crime. These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under or admitted as nationals of the United States under the Child Citizenship Act of 2000. A U.S. citizen cannot legally be deported, and thus can return to the United States at any time. Legal background Some have been placed in immigration detention centers to be deported but were later released. "Recent data suggests that in 2010 well over 4,000 U.S. citizens were detained or deported as aliens". Under , any officer mentioned in may at any time, '' inter alia'', cancel a "notice to appear" against any person who: (1) turns out to be a national of the United States; or (2) one that is not removable under the Immigration and Nationality Act (INA). And under , any Immigration Judge may termi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Americans
Americans are the citizens and nationals of the United States of America.; ; Although direct citizens and nationals make up the majority of Americans, many dual citizens, expatriates, and permanent residents could also legally claim American nationality. The United States is home to people of many racial and ethnic origins; consequently, American culture and law do not equate nationality with race or ethnicity, but with citizenship and an oath of permanent allegiance. Overview The majority of Americans or their ancestors immigrated to the United States or are descended from people who were brought as slaves within the past five centuries, with the exception of the Native American population and people from Hawaii, Puerto Rico, Guam, and the Philippine Islands, who became American through expansion of the country in the 19th century, additionally America expanded into American Samoa, the U.S. Virgin Islands and Northern Mariana Islands in the 20th century. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Removal Proceeding
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). History Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Procedure Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatemala, Belize, and the Caribbean Sea; and to the east by the Gulf of Mexico. Mexico covers ,Mexico ''''. . making it the world's 13th-largest country by are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pedro Guzman
Pedro Guzman (also known as Peter Guzman) is a U.S. citizen who was illegally deported to Mexico by the U.S. Immigration and Customs Enforcement agency (ICE) in May 2007."Lawsuit filed for man who was illegally deported to MexicoLA Wave/ref> He spent 85 days"ACLU sues U.S., county agencies for wrongfully deporting citizenMercury News / AP/ref> in Mexico before successfully returning to his American family in the United States. Guzman's lawyers filed a lawsuit on February 27, 2008, against the Los Angeles County Sheriff's Department and the ICE, and was settled on May 11, 2010, with Guzman receiving $350,000. History According to court documents, Guzman was born in Los Angeles, California, to Maria Carbajal, a citizen of Mexico and a lawful permanent resident of the United States. The two have made a couple of short trips to Mexico but resided most of their life in the Los Angeles area. Guzman was unemployed due to an illness. His mother worked at a Jack in the Box restaurant. Someti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bivens V
Bivens is a surname. Notable people with the surname include: * Beverly Bivens (born 1946), American singer * Carolyn Bivens (born 1952), American golf commissioner *Don Bivens (born 1952), American attorney *Kylie Bivens (born 1978), American soccer player * Malcolm Bivens, American wrestler and wrestling manager *Richard Bivens Richard Bivens (born August 26, 1979) is an American musician from Orange County, California. He has performed as a solo artist and has been the frontman for Richard Bivens & Foreign Press, Regrets and Brunettes and Grief Thief. He currentl ... (born 1979), American musician See also *'' Bivens v. Six Unknown Named Agents'' {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Tort Claims Act
The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state—a doctrine referred to as sovereign immunity. The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to pursue some tort claims against the government. It was passed and enacted as a part of the Legislative Reorganization Act of 1946. Limitations Under the FTCA, " e United States sliable ... in the same manner and to the same extent as a private individual under like circumstances, but s notliable for interest prior to judgment or for punitive damages." . Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". (b). Thus, both federal and state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Secretary Of Homeland Security
The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the United States. The position was created by the Homeland Security Act following the attacks of September 11, 2001. The new department consisted primarily of components transferred from other Cabinet departments because of their role in homeland security, such as the Coast Guard, the Federal Protective Service, U.S. Customs and Border Protection (which includes the United States Border Patrol), U.S. Immigration and Customs Enforcement (which includes Homeland Security Investigations), the United States Secret Service and the Federal Emergency Management Agency. It does not, however, include the Federal Bureau of Investigation or the U.S. Marshals Service. They continue to operate under U.S. Department of Justice. The current secretary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all sui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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