Court Cases Insights

Court Cases Insights

Court cases insights Indiana Tech 7/08/21 Court cases insights Question 1. What was the case about? the case is about the deportation of eight appellants, who are soon called before an immigration judge. The appellants are children of 10-17 years. The DHS’s (Department of Homeland Security) lawyer argues for the children’s extradition. (US Courts. (2016). However, no attorney stances with the youngsters, and each child are thus needed to plead to the allegations against him/her and are given chance to make lawful contentions and exhibit proof on their own behalf. This is because each child has attempted to acquire lawyers via pro bono services but has not obtained anyone to take their lawsuits. The appellants deferentially appeal the court to accord them relief. Question 2. Did the trial hold true to your expectations? Yes. According to (Reyes, N. (2019), “Though a complaint contests by a Rule 12(b) (6) motion to dismiss require not to offer detailed factual allegations, it must provide more than labels and conclusions and encompass more than a formulaic recitation of the elements of a cause of actionâ€. Thereby, the appellants must show more than just conjecture of a right to relief. True to this, in the judging on a request to terminate, the court assumed that the veracity of the appellants’ factual claims and drew all- rational implications in the appellant’s favor. The court had to answer whether the truths in the operative pleading adequately indicated a “plausible†justification of relief. However, according to (Braaten, D. (2021), “the respondents contended that as ‘arriving’ or ‘non-admitted immigrants, the plaintiffs had no ‘procedural due-process liberties in the Fifth Amendment.†The respondents’ contention is not per the authorities they quote. This is because under the Immigration and Nationality Act (INA), as revised by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRAâ€), an immigrant is “removable†if (a) he/she was not permitted to the US and is “inadmissible†in the 8 U.S.C. § 1182a or (b) he/she was permitted to the US and is “de-portableâ€. Question 3, What stage of the trial process did you observe? I observed the opening proceedings and the examination of evidence stages of the Motion for preliminary injunctive relief Question 4. What was the outcome? In contrast to the appellant’s proposal, notification to each class affiliate in the current subject was neither practicable nor necessary. Since the court lacked authority to accord class-wide injunctive reprieve, and since the plaintiffs could not opt-out of the trial, the plaintiffs were thereby not directly impacted by the certification at that time. Due to this, the court coincided with the respondents that the issue of what notification, if any, must be offered to the plaintiffs must be deferred until the evidences of the plaintiff’s legal right-to-counsel allegations are settled. Question 5. What did you learn about the trial process? In the trial, I have learned that the respondents did not debate the ability or numerosity of the class representatives to safeguard the interest of the plaintiffs sufficiently and fairly. (Reyes, N. (2019). Moreover, the respondents did not seem to contend that children under a particular age are unable of performing pre se in exclusion trials. These children are seemingly incapable, from the financial point of view, to feed, house, or cloth themselves, and in most circumstances, they will be living with a guardian or parent. Owing to this, the respondents’ standing in this matter appeared to include, instead of the minor’s personal skills, the part that a guardian or parent can and must serve in the exclusion trials. References Braaten, D., & Braaten, C. N. (2021). Children seeking asylum: Determinants of asylum claims by unaccompanied minors in the United States from 2013 to 2017. Law & Policy , 43 (2), 97-125. Reyes, N. (2019). The Psychology Surrounding Legal Standards of Competency and Representation for Children in US Immigration Court. US Courts. (2016). F.L.B. et al v. Lynch et al. Western District Court. Civil Rights. Motion for Preliminary Injunctive Relief. Responding to the social problems that affect the populations you serve as a social worker is only one aspect of the professional responsibility you must undertake. The ability to be proactive by identifying disparities and gaps in policies is just as important. However, in order to be an effective advocate and to fully participate in the policy process, it is important that you be able to connect theory and research to policy-making decisions. Having the knowledge and skills to implement new policies and policy alternatives without creating new disparities is a skill all social workers need to possess. For this Assignment, consider what you have learned about the possible causes of the social problem you selected. By Day 7 Assignment (2–4 pages, APA format): Your paper should include: · A description of the known explanations or causes of the issue you selected in your Social Issues paper in Week 3 · A description of the theoretical explanations and approaches scholars and policy analysts used to discuss this issue · A description of the policies that have resulted from these discussions and an explanation of whether they are effective at resolving the issue Support your Assignment with specific references to the resources. Be sure to provide full APA citations for your references. 6 Analyzing Social Problems and Social Policy: Mental illnesses Name of Student Institutional Affiliation Course Name and Number Professor Due Date Analyzing Social Problems and Social Policy: Mental illnesses Description and causes Within modern society, mental health illness is one of the most effective problems experienced by most people. Mental health refers to behavioral, cognitive, and emotional well-being. Mental illness thus refers to a condition that affects an individual’s feelings, mood, thinking, and behaviors. Some of the most common mental illnesses include anxiety, major bipolar disorder, depression, psychosis, schizophrenia, and trauma. Several factors usually bring about mental health challenges. One of the main factors leading to mental health challenges is substance abuse. According to a study by Smith et al. (2017), there is a high correlation between substance use and mental health challenges. Thus, substance use could be used as a predictor of mental illnesses. Additionally, early adverse life experiences, for example, exposure to violence and sexual assault, could lead to mental illnesses. Duin et al. (2018) support this view, who conducted empirical research on the role of adverse childhood experiences on mental health and found a positive relationship between the two variables. Mental illnesses in society According to the CDC (2021), 1 in 25 American citizens live with serious mental challenges including bipolar disorder, schizophrenia, or a major depression. Additionally,1in every 5 American adults are diagnosed with at least one mental illness in any given year. The statistics indicate the high prevalence of mental health issues within modern society, hence why it is one of the main focus areas of social workers. Risk Population The issue of mental illness is typically experienced across the demographic scope affecting people of all ages and races. However, mental health issues are highly diverse along racial lines whereby adults exhibiting two or more races experience 31.7% prevalence compared to white adults with 22.2% (National Institute of Mental Health (NIH), 2019). This statistic indicates the prevalence of risk factors within the minority communities compared to the white ethnic groups. Some of the risk factors include disparities that come with racism, including poor access to quality mental health care and other social-economic constraints (McKnight, 2021). Theories of Mental health Some of the most effective theories used in explaining mental health issues include behaviorism, biological, cognitive, humanistic, and psychodynamic theories. Behaviorism theorists believe that life experiences manifest behaviors; for example, Freud's theory suggests that the body undergoes several psychosexual stages. On the other hand, psychodynamic theories focus on the driving forces within individuals that motivate their behavior. An example is Erik Erikson’s theory which analyzes an individual’s growth through eight stages in exploring deficiencies in their behavior. On the other hand, cognitive theories emphasize that behaviors are shaped by attitudes, behaviors, and beliefs of individuals. An example of a cognitive theory includes Piaget's developmental theory and social-cultural cognitive theory. The most common method applied by scholars in assessing and treating mental health issues involves therapy, whereby a counselor tries to evaluate the origin of the problem and its prevalence within society. One of the approaches undertaken by the government consists of the development of policies under the Affordable Care Policy (ACA) to promote accessibility and health-seeking behavior of people experiencing mental health issues. An example of such a policy is the accessibility of healthcare to as long as somebody has insurance coverage. According to Thomas et al. (2017), there have been positive results in the mental well-being of U.S citizens ever since the introduction of the policy. The improvement in mental well-being reflects the significance of accessibility as an approach towards solving mental health issues. References CDC. (2021, December). Learn about mental health. Centers for Disease Control and Prevention. McKnight-Eily, L. R., Okoro, C. A., Strine, T. W., Verlenden, J., Hollis, N. D., Njai, R., Mitchell, E. W., Board, A., Puddy, R., & Thomas, C. (2021). Racial and ethnic disparities in the prevalence of stress and worry, mental health conditions, and increased substance use among adults during the COVID-19 pandemic — United States, April and May 2020. MMWR. Morbidity and Mortality Weekly Report, 70(5), . National Institute of Mental Health (NIH). (2019). Mental Illness. NIMH » Home. Smith, L. L., Yan, F., Charles, M., Mohiuddin, K., Tyus, D., Adekeye, O., & Holden, K. B. (2017). Exploring the link between substance use and mental health status: What can we learn from the self-medication theory? Journal of Health Care for the Poor and Underserved, 28(2S), . Thomas, K. C., Shartzer, A., Kurth, N. K., & Hall, J. P. (2017). Impact of ACA health reforms for people with mental health conditions. Psychiatric Services, 69(2), . Van Duin, L., Bevaart, F., Zijlmans, J., Luijks, M. A., Doreleijers, T. A., Wierdsma, A. I., Oldehinkel, A. J., Marhe, R., & Popma, A. (2018). The role of adverse childhood experiences and mental health care use in psychological dysfunction of male multi-problem young adults. European Child & Adolescent Psychiatry, 28(8), .

Paper For Above instruction

The examination of court cases involving vulnerable populations, such as children and recent immigrants facing immigration proceedings, reveals critical insights into the legal processes, procedural fairness, and the intersection of legal standards with social justice. The case analyzed—pertaining to eight juvenile appellants facing deportation—highlights significant themes including the rights of minors, access to legal representation, procedural due process, and the courts' role in ensuring fairness, especially when defendants lack legal counsel. This analysis underscores the importance of procedural safeguards, the implications of immigration law as outlined by the Immigration and Nationality Act (INA), and the broader social implications related to migrant children’s rights and welfare.

The case centered on eight children aged 10-17 who were scheduled before an immigration judge for deportation proceedings. The Department of Homeland Security (DHS) sought their extradition, asserting that they were inadmissible or deportable under existing immigration statutes. Significantly, these minors lacked legal representation despite attempts to secure pro bono counsel, which underscores the persistent barriers to legal aid for vulnerable populations. The court proceedings involved children advocating for relief without legal counsel, a situation that raises questions about the fairness and adequacy of due process for minors in immigration court.

From a procedural standpoint, the case followed typical immigration proceedings, with the court evaluating the factual claims presented by the minors and the government’s legal arguments. One notable aspect was the court's assumption that the factual claims were true and its effort to interpret these claims in the most favorable light for the minors during a motion to dismiss. This approach aligns with standards requiring that pleadings state enough to support a plausible claim, as outlined by Reyes (2019). The court also addressed whether the minors, as non-admitted or arriving immigrants, were constitutionally entitled to procedural due process protections under the Fifth Amendment, which the respondents contested. The legal framework governing such protections derives from the INA and subsequent amendments, especially post-1996 reforms under the IIRIRA, which delineate the criteria for 'inadmissible' and 'deportable' aliens (Braaten, 2021).

The requirements and standards of procedural fairness were further examined during the court's assessment of the notification procedures for class members and the ability of minors to participate effectively in their defense. The court ultimately held that, given the procedural posture and lack of authority to grant class-wide injunctive relief, notification issues should be deferred until individual merits were fully considered. An important lesson from this process is that the court prioritized procedural diligence over immediate broad relief, recognizing the limitations of its authority and stressing the importance of individual rights within complex legal frameworks.

Analyzing the trial process illuminated several key points about procedural justice for minors and vulnerable populations. Notably, the respondents did not challenge the minors’ capacity to participate or the representativeness of their class in the legal process, nor did they argue that young children could not effectively proceed pro se in immigration proceedings. This lack of dispute indicates an acknowledgment, at least implicitly, of minors’ capacity to participate in legal processes when adequately supported—highlighting the significance of legal representation and procedural fairness. The case also underscores that guardians or parents often serve as de facto representatives for minors, which emphasizes the importance of protective legal mechanisms tailored to minors’ unique circumstances.

The social implications stemming from such cases are profound. Children facing deportation may experience significant trauma and uncertainty, compounded by the procedural challenges of navigating complex legal systems without legal counsel. The case reveals systemic issues such as barriers to legal aid, disparities in access to justice among minority and low-income populations, and the necessity of legal protections to ensure that minors’ rights are preserved. It underscores the role of courts not only as adjudicators but also as guardians ensuring that procedural fairness aligns with principles of social justice, particularly for marginalized groups.

In conclusion, this case analysis demonstrates the intersection of immigration law, procedural fairness, and social justice for vulnerable populations. It highlights the critical importance of legal representation for minors, the implications of statutes like the INA and IIRIRA on procedural protections, and the broader societal obligation to uphold human rights within legal processes. Courts have a pivotal role in safeguarding fairness, but systemic barriers must be addressed to ensure that vulnerable populations, especially children, receive due process and justice in immigration proceedings. This understanding is vital for social workers, legal professionals, and policymakers committed to equitable treatment and social justice in immigration law.

References

• Braaten, D. (2021). Children seeking asylum: Determinants of asylum claims by unaccompanied minors in the United States from 2013 to 2017. Law & Policy, 43(2), 97-125.
• Reyes, N. (2019). The psychology surrounding legal standards of competency and representation for children in US immigration court. US Courts.
• US Courts. (2016). F.L.B. et al v. Lynch et al. Western District Court. Civil Rights. Motion for Preliminary Injunctive Relief.
• Centers for Disease Control and Prevention (CDC). (2021). Learn about mental health. CDC.
• McKnight-Eily, L. R., et al. (2021). Racial and ethnic disparities in mental health during COVID-19. Morbidity and Mortality Weekly Report, 70(5).
• National Institute of Mental Health (NIH). (2019). Mental illness facts. NIMH.
• Smith, L. L., et al. (2017). Exploring the link between substance use and mental health. Journal of Health Care for the Poor and Underserved, 28(2S).
• Thomas, K. C., et al. (2017). Impact of ACA health reforms for mental health. Psychiatric Services, 69(2).
• Duin, L., et al. (2018). Adverse childhood experiences and mental health. European Child & Adolescent Psychiatry, 28(8).
• Additional scholarly sources relevant to immigration law, minors’ rights, procedural fairness, and social justice considerations should be included for comprehensive research, but are omitted here for brevity.