“How much authority — how much room to make policy choices—can Congress delegate to the president and executive branch?”
So begins “The National Security Delegation Conundrum,” an analysis of the foreign relations jurisprudence of the U.S. Supreme Court, published at Just Security by Harlan Grant Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia Law.
The focus of Cohen’s commentary is Gundy v. United States, a June 20 decision by a divided Court (4 supporting an opinion by Justice Elena Kagan and 3 an opinion by Justice Neil Gorsuch; Justice Samuel Alito concurred in the judgment). It declined to revive the nondelegation doctrine — but did so, Professor Cohen points out, in a way that raised further questions on how that doctrine applies to cases involving national security.
Instances in which these questions might be relevant have occurred frequently in the last couple years, Cohen wrote, on issues as varied as migration of peoples and trade in auto parts. After analyzing the issues at hand, Cohen concluded that Gundy did little to resolve them:
“What is clear though is that until a test or principle is found, the national security delegation conundrum will remain.”
The full Just Security analysis is here.
Students in the University of Georgia School of Law Community Health Law Partnership Clinic recently succeeded in assisting 2 clients from Egypt who were seeking to become naturalized U.S. citizens.
Working this year to prepare the clients for interviews and their 2019 naturalization ceremony were 3L Amy E. Buice, above center, and 2L William D. Ortiz, above left. Also working on the case were 3L Sarah A. Mirza and Onur Yildirim (JD’18), who last year helped prepare the clients’ naturalization applications.
The students were supervised by Professor Jason A. Cade, Director of Georgia Law’s Community HeLP Clinic, which assists low-income persons with immigration, benefits, and other health-harming legal needs.
Four students in the University of Georgia School of Law Appellate Litigation Clinic have just secured asylum relief for a Russian client, and in so doing earned hands-on experience in practicing law in today’s interconnected world.
The client, Rim Iakovlev, is a Jehovah’s Witness who had fled to the United States after a ruling by the Russian Supreme Court outlawed his religion. A U.S. immigration judge granted his petition for asylum. But the U.S. Department of Homeland Security appealed. It was at this point that the Board of Immigration Appeals, through its pro bono project, appointed Georgia Law’s Appellate Litigation Clinic to represent asylum-seeker Iakovlev. The Board is an administrative appellate agency within the Executive Office for Immigration Review, U.S. Department of Justice.
Drafting the brief in the case, under supervision by Professor Thomas V. Burch, Director of the Appellate Litigation Clinic, were four Georgia Law students: 3Ls Wade H. Barron, C. Daniel Lockaby, and Sarah A. Quattrocchi, and 2L Addison Smith. Their brief stressed consistencies in the accounts given by Iakovlev and his wife, and also refuted the DHS contention that the asylum-seeker was obliged to present a letter from his congregation attesting to his status as a Jehovah’s Witness.
Upon reading the parties’ briefs, the Board of Immigration Appeals affirmed the immigration judge’s decision to grant Iakovlev’s petition for asylum. DHS chose not to appeal the Board’s decision, so that Iakovlev was released from detention last week.
Last week, attorney Anita Ninan (LLM’91) spoke on “The Road to U.S. Employment: F-1 Visa Work Options and Onwards” here at the University of Georgia School of Law. Her remarks acquainted foreign-educated lawyers studying for their Master of Laws (LLM) degree with opportunities and challenges associated with obtaining U.S. work authorization.
Ninan, a member of our Dean Rusk International Law Center Council, outlined the available work visas, discussed the impact of an April 2017 executive order on immigration, and explained the details of Optional Practical Training.
An expert in corporate and business immigration law, Ninan advises corporate clients and foreign nationals regarding all aspects of employment-based U.S. immigration law. She is a dual licensed attorney, admitted to practice law in both the State of Georgia and India.
Ninan has worked as Of Counsel with Arnall Golden Gregory LLP and Greenberg Traurig LLP in their Immigration and Compliance Practices in Atlanta. Previously, she served as in-house Legal Counsel with Standard Chartered Bank, a British multinational Bank, in Mumbai and New Delhi, India.
President of the Georgia Indo-American Chamber of Commerce, Ninan also serves as an Honorary Legal Advisor to the Indian Consulate General of Atlanta.