WorldCat Identities

Garcia, Michael J. 1961-

Overview
Works: 38 works in 88 publications in 1 language and 2,456 library holdings
Genres: Field guides  Digests  Legislative materials 
Roles: Author, Editor
Classifications: JK1108,
Publication Timeline
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Most widely held works about Michael J Garcia
 
Most widely held works by Michael J Garcia
The U.N. Convention Against Torture : overview of U.S. implementation policy concerning the removal of aliens by Michael J Garcia( )

8 editions published between 2004 and 2009 in English and held by 159 WorldCat member libraries worldwide

The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdictions. For purposes of the Convention, torture is defined as an extreme form of cruel and inhuman punishment committed under the color of law. The Convention allows for no circumstances or emergencies where torture could be permitted. Additionally, CAT Article 3 requires that no state party expel, return, or extradite a person to another country where there are substantial grounds to believe he would be subjected to torture. CAT Article 3 does not expressly prohibit persons from being removed to countries where they would face cruel, inhuman, or degrading treatment not rising to the level of torture. The United States ratified CAT subject to certain declarations, reservations, and understandings, including that the Convention was not self-executing, and therefore required domestic implementing legislation to take effect. In accordance with CAT Article 3, the United States enacted statutes and regulations to prohibit the transfer of aliens to countries where they would be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998, chapter 113C of the United States Criminal Code, and certain regulations implemented and enforced by the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Department of State. These authorities, which require the withholding or deferral of the removal of an alien to a country where he is more likely than not to be tortured, generally provide aliens already residing within the United States a greater degree of protection than aliens arriving to the United States who are deemed inadmissible on security- or terrorism-related grounds
Genocide : legal precedent surrounding the definition of the crime by Judith Derenzo( )

1 edition published in 2004 in English and held by 155 WorldCat member libraries worldwide

Immigration : analysis of the major provisions of H.R. 418, the REAL ID Act of 2005 by Michael J Garcia( )

7 editions published in 2005 in English and held by 120 WorldCat member libraries worldwide

During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security issues in the 109th Congress that had been dropped from the final version of the act
The War Crimes Act: Current Issues by Michael J Garcia( )

16 editions published between 2006 and 2009 in English and held by 120 WorldCat member libraries worldwide

The War Crimes Act of 1996, as amended, makes it a criminal offense to commit certain violations of the laws of war when such offenses are committed by or against U.S. nationals or Armed Service members. Among other things, the Act prohibits violations of Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts of a non-international character. Common Article 3 prohibits protected persons from being subjected to violence, outrages upon personal dignity, torture, and cruel, humiliating, or degrading treatment. In the 2006 case of Hamdan vs. Rumsfeld, the Supreme Court rejected the Bush Administration's long-standing position that Common Article 3 was inapplicable to the present armed conflict with Al Qaeda. As a result, questions have arisen regarding the scope of the War Crimes Act as it relates to violations of Common Article 3 and the possibility that U.S. personnel may be prosecuted for the pre-Hamdan treatment of Al Qaeda detainees
Border security : the San Diego fence by Blas Nuñez-Neto( )

4 editions published in 2007 in English and held by 114 WorldCat member libraries worldwide

This report outlines the issues involved with DHS's construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion
Immigration : selected opinions of Judge Samuel Alito by Michael J Garcia( )

1 edition published in 2006 in English and held by 114 WorldCat member libraries worldwide

This report discusses notable majority and dissenting opinions written by Judge Alito relating to immigration
9/11 Commission: Legislative Action Concerning U.S. Immigration Law and Policy in the 108th Congress by Michael J Garcia( )

1 edition published in 2004 in English and held by 112 WorldCat member libraries worldwide

"Reforming the enforcement of immigration law is a core component of the recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission). The 19 hijackers responsible for the 9/11 attacks were foreign nationals, many of whom were able to obtain visas to enter the United States through the use of forged documents. Incomplete intelligence and screening enabled many of the hijackers to enter the United States despite flaws in their entry documents or suspicions regarding their past associations. According to the Commission, up to 15 of the hijackers could have been intercepted or deported through more diligent enforcement of immigration laws"--Summary, page [ii]
Immigration : terrorist grounds for exclusion of aliens by Michael J Garcia( )

1 edition published in 2005 in English and held by 112 WorldCat member libraries worldwide

The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals, whether coming permanently as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. Notably, any alien who has engaged in or incited terrorist activity, is reasonably believed to be carrying out a terrorist activity, or is a representative or members of a designated foreign terrorist organization is inadmissible. After the September 11, 2001, terrorist attacks, the INA was broadened to deny entry to representatives of groups that endorse terrorism, prominent individuals who endorse terrorism, and spouses and children of aliens who are removable on terrorism grounds (on the basis of activities occurring within the previous five years). The INA also contains grounds for inadmissibility based on foreign policy concerns
Immigration consequences of criminal activity by Michael J Garcia( )

1 edition published in 2004 in English and held by 111 WorldCat member libraries worldwide

This report discusses the potential immigration consequences of criminal activity. "Criminal activity" generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself -- alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission -- i.e., being an "illegal alien"--Is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an "illegal alien," in that the alien may be subject to removal from the U.S., but such an alien is not a "criminal alien."
Interrogation of detainees : overview of the McCain amendment by Michael J Garcia( )

1 edition published in 2006 in English and held by 103 WorldCat member libraries worldwide

"Recent controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees
Cultural property : international conventions and United States legislation by Jennifer Elsea( )

1 edition published in 2004 in English and held by 102 WorldCat member libraries worldwide

U.N. Convention Against Torture (CAT) : overview and application to interrogation techniques by Michael J Garcia( )

1 edition published in 2008 in English and held by 101 WorldCat member libraries worldwide

Congressional authority to limit U.S. military operations in Iraq by Jennifer Elsea( )

7 editions published between 2007 and 2008 in English and held by 10 WorldCat member libraries worldwide

On October 16, 2002, President Bush signed the Authorization for Use of Military Force against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. The situation in Iraq has focused attention on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specifically under consideration is whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers the President may assign to duty in Iraq. This report provides background and discusses constitutional provisions allocating war powers between Congress and the President. It presents an historical overview of relevant court cases followed by some examples of measures enacted by Congress to restrict military operations. The report includes a discussion of possible alternative avenues to fund operations in the event Congress were to restrict appropriations for the war in Iraq. Finally, the report provides a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq, and concludes that, although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations
Results of the 2001 Membership Opinion Survey( Book )

1 edition published in 2001 in English and held by 4 WorldCat member libraries worldwide

Immigration: Terrorist Grounds for Exclusion and Removal Aliens( )

2 editions published in 2008 in English and held by 3 WorldCat member libraries worldwide

The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals who come permanently to the United States as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. Notably, any alien who engages in terrorist activity, or is a representative or member of a designated foreign terrorist organization, is generally inadmissible. After the September 11, 2001, terrorist attacks, the INA was broadened to deny entry to representatives of groups that endorse terrorism, prominent individuals who endorse terrorism, and (in certain circumstances) spouses and children of aliens who are removable on terrorism grounds. The INA also contains grounds for inadmissibility based on foreign policy concerns. The report of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) concluded that the key officials responsible for determining alien admissions (consular officers abroad and immigration inspectors in the United States) were not considered full partners in counterterrorism efforts prior to September 11, 2001, and as a result, opportunities to intercept the September 11 terrorists were missed. The 9/11 Commission's monograph, 9/11 and Terrorist Travel, underscored the importance of the border security functions of immigration law and policy. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. The section on current law explains the legal definitions of terrorist activity, engage in terrorist activity, and terrorist organization, and describes the terrorism-related grounds for inadmissibility and removal
U.S. Accession to the Association of Southeast Asian Nations? Treaty of Amity and Cooperation (TAC) by Mark E Manyin( )

2 editions published in 2009 in English and held by 3 WorldCat member libraries worldwide

In February 2009, Secretary of State Hillary Rodham Clinton announced that the Obama Administration would launch its formal interagency process to pursue accession to the Association of Southeast Asian Nations' (ASEAN) Treaty of Amity and Cooperation (TAC), one of the ten-nation organization's core documents. The Administration reportedly hopes to announce its accession at the ASEAN Regional Forum Foreign Ministerial meeting July 22-23, 2009. This report analyzes the legal and diplomatic issues involved with accession to the TAC. ASEAN is Southeast Asia's primary multilateral organization. Its ten member-nations include over 500 million people. Collectively, ASEAN is one of the United States? largest trading partners, constituting about 5%-6% of total U.S. trade. Geographically, Southeast Asia includes some of the world's most critical sea lanes, including the Straits of Malacca, through which pass a large percentage of the world's trade. The TAC was first negotiated in 1976 and subsequently amended to allow non-regional countries to accede. Fifteen countries have done so, including U.S. allies Japan, South Korea, and Australia, as well as China, Russia, and India
The U.N. Convention Against Torture : overview of U.S. implementation policy concerning the removal of aliens by Michael J Garcia( )

1 edition published in 2006 in English and held by 2 WorldCat member libraries worldwide

The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters by Jennifer Elsea( Book )

2 editions published between 2013 and 2014 in English and held by 2 WorldCat member libraries worldwide

This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the National Defense Authorization Act for FY2013, P.L. 112-239, as well as detainee provisions in the National Defense Authorization Act for FY2014 (H.R. 1960, S. 1197)
ICE : investigating homeland security crimes by Michael J Garcia( )

2 editions published in 2003 in English and held by 2 WorldCat member libraries worldwide

 
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Alternative Names
Michael J. Garcia abogado estadounidense

Michael J. Garcia advocat, jutge i exfiscal estatunidenc

Michael J. Garcia Amerikaans advocaat

Michael J. Garcia avocat américain

Michael J. Garcia US-amerikanischer Jurist

مايكل جاى جارسيا

مایکل جی. قارسیا

مایکل جی. گارسیا

ميخائيل جاي غارسيا محامي أمريكي

Languages
English (72)