Law in the New Diaspora: Deportees and the Space/Time Continuum

Daniel Kanstroom

in Aftermath

Published in print July 2012 | ISBN: 9780199742721
Published online September 2012 | e-ISBN: 9780199950348 | DOI:
Law in the New Diaspora: Deportees and the Space/Time Continuum

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This chapter considers the legal aspects of all that has come before. It examines two fundamental legal concepts: territory (the physical space where government action occurred or where the claimant stands); and time. The border and territorial ideas are deeply intertwined with U.S. immigration laws, connecting to the basic distinction between citizens and ‘aliens’ and between exclusion and deportation. The passage of time may be a condition precedent to a legal status, a prerequisite to possible discretionary relief from deportation, directly protective, as with criminal law statutes of limitations or the measure of a sanction. It may also affect when a case is ‘final.’ The chapter considers, the history, application and interplay of these legal consideration as they relate to deportees both within and outside of the United States. It also examines recent legal decision arising from Uighur detainees at Guantánamo Bay, the case of Padilla v. Kentucky and the writ of habeas corpus.

Keywords: border; territory; time; aliens; Uighur; Guantánamo Bay; Padilla v. Kentucky; habeas corpus

Chapter.  26489 words. 

Subjects: Human Rights and Immigration

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