WorldCat Identities

Garcia, Michael J. 1961-

Overview
Works: 29 works in 55 publications in 1 language and 1,478 library holdings
Genres: Identification guides 
Roles: Author, Editor
Publication Timeline
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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( Book )

7 editions published between 2004 and 2009 in English and held by 25 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
U.N. Convention Against Torture : overview and application to interrogation techniques by Michael J Garcia( Book )

10 editions published between 2004 and 2009 in English and held by 23 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 jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted. 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 be enforced by U.S. courts. To ensure U.S. compliance with CAT obligations to criminalize all acts of torture, the United States enacted sections 2340 and 2340A of the United States Criminal Code, which prohibit torture occurring "outside the United States" (torture occurring inside the United States was already prohibited under several federal and state statutes of general application prohibiting acts such as assault, battery, and murder). Section 2340 defines "United States" to include areas covered under U.S. special and maritime jurisdiction, such as military facilities and other buildings in foreign States used for U.S. governmental purposes when a U.S. national is the offender or victim of an offense. Accordingly, sections 2340 and 2340A would generally appear not to apply to cases of torture that might occur in such facilities, because they are not "outside the United States" for purposes of U.S. law. Assuming that a U.S. body had to review a harsh interrogation method to determine whether it constituted torture under either CAT or applicable U.S. law, it might examine international jurisprudence as to whether certain interrogation methods constituted torture
Results of the 2001 Membership Opinion Survey( Book )

1 edition published in 2001 in English and held by 5 WorldCat member libraries worldwide

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

3 editions published in 2005 in English and held by 4 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
ICE : investigating homeland security crimes by Michael J Garcia( )

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

A Necessary Response the Lack of Domestic and International Constraints upon a U. S. Nuclear Response to a Terrorist Attack by Michael J Garcia( )

in English and held by 1 WorldCat member library worldwide

U.S. Accession to the Association of Southeast Asian Nations? Treaty of Amity and Cooperation (TAC)( Book )

1 edition published in 2009 in English and held by 1 WorldCat member library 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
Interrogation of detainees : overview of the McCain amendment by Michael J Garcia( )

1 edition published in 2006 in English and held by 0 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
Congressional authority to limit U.S. military operations in Iraq by Jennifer Elsea( )

2 editions published in 2007 in English and held by 0 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. In addition, several measures have been introduced calling for the repeal or expiration of the authorization for use of military force (AUMF) against Iraq. It has been suggested that the President's role as Commander in Chief of the Armed Forces provides sufficient authority for his deployment of additional troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in mailers of war appear to concede that it is within Congress's authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an "constitutional condition." The question may turn on whether the President's proposal is a purely operational decision committed to the President in his role as Commander in Chief, or whether congressional action to prevent the proposal's carrying out is a valid exercise of Congress's authority to allocate resources using its war powers and power of the purse
Immigration : selected opinions of Judge Samuel Alito by Michael J Garcia( )

1 edition published in 2006 in English and held by 0 WorldCat member libraries worldwide

Boumediene v. Bush : Guantanamo detainees' right to habeas corpus by Michael J Garcia( )

2 editions published in 2008 in English and held by 0 WorldCat member libraries worldwide

In the consolidated cases of Boumediene v. Bush and Al Odah v. United States, decided June 12, 2008, the Supreme Court held in a 5-4 opinion that aliens designated as enemy combatants and detained at the U.S. Naval Station in Guantanamo Bay, Cuba, have the constitutional privilege of habeas corpus. The Court also found that ss7 of the Military Commissions Act (MCA), which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district court for habeas review of the circumstances of their detention. This report summarizes the Boumediene decision and analyzes several of its major implications for the U.S. detention of alien enemy combatants and legislation that limits detainees' access to judicial review
Immigration consequences of criminal activity by Michael John Garcia( )

1 edition published in 2004 in English and held by 0 WorldCat member libraries worldwide

Congress has broad plenary authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. "Criminal activity" comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes -- most notably, being in the U.S. without legal permission. Thus, the term "illegal alien"--An alien without legal status -- is not synonymous with "criminal alien." Most crimes affecting immigration status are not specifically mentioned by the INA, but instead fall under a broad category of crimes, such as crimes involving moral turpitude or aggravated felonies. In addition, certain criminal conduct precludes a finding of good moral character under the INA, which is a requirement for naturalization and certain types of immigration relief. In certain circumstances, grounds for inadmissibility or deportation may be waived. In some cases, aliens facing removal may be allowed to remain in the United States -- for example, when they are granted discretionary or mandatory relief from removal for humanitarian reasons, such as through asylum, withholding of removal, or cancellation of removal. Criminal conduct may affect an alien's eligibility for either voluntary departure or discretionary relief from removal. Additionally, criminal conduct is a key disqualifying factor under the character requirement for naturalization. Immigration reform will likely be an issue in the 110th Congress, and legislative proposals may contain provisions modifying the immigration consequences of criminal activity. In the 109th Congress, several proposals were considered to comprehensively reform the immigration system. While these proposals were often divergent in approach, most would have expanded the categories of criminal activity making aliens inadmissible, removable, and/or ineligible for certain forms of relief from removal. Whether similar such proposals will be made in the 110th Congress remains to be seen
Guantanamo Detention Center: Legislative Activity in the 111th Congress( )

1 edition published in 2010 in English and held by 0 WorldCat member libraries worldwide

The detention of alleged enemy belligerents at the U.S. Naval Station in Guantanamo Bay, Cuba, together with proposals to transfer some such individuals to the United States for prosecution or continued detention, has been a subject of considerable interest for Congress. Several authorization and appropriations measures enacted during the 111th Congress, along with various pending bills, address the disposition and treatment of Guantanamo detainees. To date in the 111th Congress, provisions directly relating to Guantanamo detainees have been enacted as part of eight laws: the 2009 Supplemental Appropriations Act (P.L. 111-32); the Department of Homeland Security Appropriations Act, 2010 (P.L. 111-83); the 2010 National Defense Authorization Act (P.L. 111-84); the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (P.L. 111-88); the Consolidated Appropriations Act, 2010 (P.L. 111-117); the Department of Defense Appropriations Act, 2010 (P.L. 111-118); the Supplemental Appropriations Act, 2010 (P.L. 111-212) and the Intelligence Authorization Act for FY2010 (P.L. 111-259). Most of these measures impose general restrictions on the use or availability of funds to transfer or release Guantanamo detainees into the United States, though they also provide an exception permitting transfers for purposes of criminal prosecution or detention during legal proceedings if certain reporting requirements are fulfilled. Although the 2010 fiscal year has ended, Congress has passed continuing resolutions that extended funding for federal agencies at the FY2010 enacted spending levels first through December 3, 2010 (P.L. 111- 242), and then through December 18, 2010 (P.L. 111-290)
Immigration : terrorist grounds for exclusion of aliens by Michael John Garcia( )

1 edition published in 2005 in English and held by 0 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
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 0 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]
Cultural property : international conventions and United States legislation by Jennifer Elsea( )

1 edition published in 2004 in English and held by 0 WorldCat member libraries worldwide

Border security : the San Diego fence by Blas Nunez-Neto( )

2 editions published in 2007 in English and held by 0 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; it will be updated as warranted. Congress first authorized the construction of a 14-mile, triple-layered fence along the U.S.-Mexico border near San Diego in the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996. By 2004, only nine miles had been completed, and construction was halted because of environmental concerns. The 109th Congress subsequently passed the REAL ID Act (P.L. 109-13, Div. B), which contained provisions to facilitate the completion of the 14-mile fence. These provisions allow the Secretary of Homeland Security to waive all legal requirements determined necessary to ensure expeditious construction of authorized barriers and roads. In September 2005, the Secretary used this authority to waive a number of mostly environmental and conservation laws. Subsequently, the Secure Fence Act of 2006 (P.L. 109-367) removed the specific IIRIRA provisions authorizing the San Diego fence and added provisions authorizing five stretches of two-layered reinforced fencing along the southwest border. While the specific authorization of the San Diego fence was deleted, the project appears permissible under a separate, more general authorization provision of IIRIRA. In the 110th Congress, S. Amdt. 1150, the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, which has been proposed in the nature of a substitute to S. 1348, the Comprehensive Immigration Reform Act of 2007, would amend 102 of IIRIRA to once again expressly authorize the construction of the San Diego fence
Genocide : legal precedent surrounding the definition of the crime by Judith Derenzo( )

1 edition published in 2004 in English and held by 0 WorldCat member libraries worldwide

 
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Alternative Names
Michael J. Garcia Amerikaans advocaat

Michael J. Garcia avocat américain

Michael J. Garcia US-amerikanischer Jurist

مایکل جی. گارسیا

Languages
English (48)