WINTER 2011 IMMIGRATION LAW LAW A577 Tuesday/Thursday 3:30-5:20 Room 207

Transcription

1 FACULTY: Robert Free Miguel Bocanegra Phone: Office Hours: T/Th 2:00-3:20pm, room 326 By appointment Assistant: Suman Chhabra; Office: WGH 322; Ph: ; INTRODUCTION This course will survey the statutory and regulatory scheme concerning the immigration and naturalization of noncitizens in the United States, including the historical origins of U.S. immigration law and current proposals for reform. This course is also intended to develop general statutory reading and interpretation skills, as well as research skills. We will employ a mixed lecture and discussion format in this course. You will prepare answers to problems to discuss in class. We will provide a list of topics from which you can select to present an oral argument in class concerning some aspect of immigration law or in the alternative, research a particular immigration issue for the Washington Defenders Association s Immigration Project. There will be a three hour essay final examination at the end of the quarter. REQUIRED TEXTS Stephen H. Legomsky & Christina M. Rodriquez, Immigration and Refugee Law and Policy (5th ed.2009) T. Alexander Aleinkoff et.al., Immigration and Nationality Laws of the United States (2009) CLASS PREPARATION It is essential for you to read the assigned materials carefully so that you will be prepared to participate in class discussions and to complete any problems and questions that are assigned. We suggest that you come to class with an outline of the statutes and cases we are working on and with a rough outline of your answer to any problems assigned for that day. You should read and prepare before class for the first class on January 4th. COURSE GRADING The final grade in this course will be determined as follows: Class Participation: 10% Research Project or Oral Argument: 40% Final Exam: 50% IMMIGRATION LAW 1

2 REQUIRED IMMIGRATION ORAL ARGUMENT PROJECT OR RESEARCH PROJECT Every student is required by the end of the second week of class to choose to either 1) research and present in class a ten minute oral argument concerning one side of a current immigration issue or 2) research and prepare a written memo on a particular immigration issue for the Washington Defenders Association s Immigration Project. The Oral Argument topics and the Research Project issues will be posted after the end of the second week of class on the course website. For both projects, you will work in teams of two, so if you desire to work with a particular partner, you should sign up on line with your partner or else you will work with whomever else signs up for the topic you choose. Sign up at the course website. Note that each Oral Argument topic has a class date assigned to it. You must be prepared to present at the end of class on that date, with your partner. Each team is allotted ten minutes maximum to present plus a two minute rebuttal. You do not need to present for the entire ten minutes. You should attempt to evenly divide this time with your partner. Each team must carefully research the topic and cite at least two of the following to support your position: court cases, statutes and regulations, research studies, and/or professional journals/articles. Each team will be graded on the presentation, which counts for 40% of your final grade. The final exam will test on the information presented in all of the oral arguments, so all students must attend. The Research Project memo is due by the end of the quarter (March 8, 2011). A copy of the memo must be given to Ann Benson at the Immigration Project and to Professor Free by this date at the very latest. Each team will be graded on the memo, which counts for 40% of your final grade. ATTENDANCE Attendance is critical. Students who attend fewer than 80% of class sessions may be dropped from the course. You must notify Professor Free by before class if you plan to miss all or part of a class. DISABILITY-RELATED NEEDS To request accommodations through Disability Resources for Students please contact them at uwdss@u.washington.edu ( ), (V), (TTY), or visit their office at 448 Schmitz Hall. There is a three step process for requesting accommodations which is described at IMMIGRATION LAW 2

3 Class #1: 1/4 Free & Bocanegra; FEDERAL IMMIGRATION AUTHORITY Class Introduction Overview of Immigration Law Moral Dimensions Sources of Federal Immigration Power States Attempts to Control Immigration Limits to Federal Immigration Power: Exclusion Cases (Mezei) Read pp. 1-11, 24-37, , Item8, pp ; Scan policy articles that interest you; Read two cases dealing with challenges to Arizona immigration statutes: Chicanos Por La Causa v. Napolitano, 558 F.3d 856 (9th Cir. 2009)(now before the Supreme Court as U.S. Chamber of Commerce v. Whiting) and U.S. v. Arizona, 703 F. Supp. 2d 980 (D.Az. 2010); Review INA Sec. 103(a) and (g)(pp. 49 and 52 of statute book)(dhs and AG powers). Class #2: 1/6 Free; LIMITS TO FEDERAL POWER Limits to Federal Immigration Power: Deportation Cases (Yamataya, Harisiades) Indefinite and Mandatory Detention Cases (Zadvydas/Martinez/Hung Joon Kim) Read pp , ; Read Quezada-Bucio v. Ridge, 317 F. Supp.2d 1221 (W.D.Wa. 2004); Review INA Sec. 212(a)(3)(D) (pp )(Communist Party membership) and INA Sec. 236(c)(p. 285)(detention) and INA Sec. 241(a)(6)(p. 327)(indefinite detention). Class #3: 1/11 Bocanegra & Free; PRIORITIES & FAMILY IMMIGRANTS Background of Immigrant Priorities Fundamentals of Quotas and Preferences The Basics of Family Immigration Spouses, Partners and Marriage Fraud Other Family Members Family Unification Policy Read pp ; Do Problem 1, p.255 & Problem 2, p. 258 ; Read pp ; Do Problem 3 & 4, pp ; Read pp , ; Do Problems 5,6,8,&10, p.287 and Problems 12 & 13 on pp use the Visa Bulletin on p. 266; Review INA Sec.201(a-e)(quotas) and INA Sec.203(a)(family preferences) and INA Sec.101(b)(1)(def. child)and INA Sec.203(h)(CSPA) and INS Sec.216(IMFA). IMMIGRATION LAW 3

4 Class #4: 1/13 Free / Ann Benson & Jonathon Moore (WA Defender Association s Immigration Project); EMPLOYMENT IMMIGRANTS The Basics of Employment Immigration First Three Employment Preferences Labor Certification Fourth and Fifth Preferences Diversity Immigrants Read pp , ; Review INA Sec.203(b)(employment preferences) and (c)(diversity) and INA Sec.212(a)(5)(A)(labor certification) and INA Sec.204(a)(filing I-140 petitions) and INA Sec.101(a)(27)(A)(def. special immigrants) and INA Sec.216A(conditional residence for investors) and 8 CFR 204.5(h)(extraordinary ability) and (i)(professors and researchers) and (j)multinational executives and managers) and (k)advanced degrees/exceptional ability) and (l)(skilled workers/professionals)and (m)(religious workers) and 8 CFR 656 (labor certification). Class # 5: 1/18 Free; NONIMMIGRANTS Nonimmigrant Priorities Business Visitors Treaty Traders and Investors Temporary Workers Read pp , ; Do Problems 6 & 7, pp and Problems 1-3, p.368 and Problems 4 & 5, p Review INA 214(b)(intent) and INA 101(a)(15)(NI list) and 8 CFR 214.2(b)(5) (Bricklayers). Class # 6: 1/20 Free; MORE NONIMMIGRANTS Educational Categories Tourists Finances Other Nonimmigrant Categories General Nonimmigrant Issues (Intent/Change of Status) read pp ; Read Choin v. Mukasey, 537 F.3d 1116 (9th Cir. 2008); Do Problems 8 & 9, p.403 and Problem 10, p.411 and Problem 14, p Review INA 101(a)(15)(F)(students) and 8 CFR 214.2(f)(students) and INA (a)(15)(j)(exchange students and workers) and INA 212 (e)(2 year foreign residence requirement) and INA 101 (a)(15)(b)(tourists and business visitors) and INA 101(a)(15)(K)(finances) and INA 214(d)(finances). IMMIGRATION LAW 4

5 Class # 7: 1/25 Free; EXCLUSION Exclusion Grounds Historical Background of Exclusion Grounds Related to Immigration Control Political and National Security Grounds (Matter of S-K-) Read pp ; Do Problems 1-5, pp and Problems 6-8, pp Review INA 212(a)(list of exclusion grounds) and INA 101(a)(13)(def. admission) and INA 274C (document fraud) and INA 212(d)(3)(A)(NI waivers) and INA 212(a)(3)(political and terrorist inadmissibility) Class # 8: 1/27 Free; GROUNDS OF INADMISSIBILITY Criminal Grounds of Exclusion Economic Grounds of Exclusion Public Health and Morals Grounds Admission Procedures Visa Applications Customs and Border Patrol Adjustment of Status Nonimmigrant Priorities Read pp , , and ; Do Problems 9 & 10, p. 456; Do Problems 1 & 2, p. 479; Do Problems 4 & 5, p Review INA 212(a)(2)(A) & (B) &(C)(crimes) and INA 212(h)(drugs) and INA 212(a)(4)(public charge) and 212(a)(10)(tax) and INA 213A(affidavits of support/i- 864) and INA 212(a)(1)(health) and INA 204(a)(1)(petitions) and INA 235 (a)(1) & (4) (admission) and INA 235(b)(1)(expedited removal) and INA 245(AOS). Class # 9: 2/1 Bocanegra; DEPORTATION Removal Procedures Evidence Fundamentals History and Theory of Deportation Grounds (Flueti) ORAL ARGUMENT #1: LAST 30 MINUTES OF CLASS Read pp , , , ; Read also Camins v. Gonzalez, 500 F.3d 872 (9th Cir. 2007); In re Escobar Ortiz, 2004 WL (BIA unpublished decision); Shivaraman v. Ashcroft, 360 F.3d 1142 (9th Cir. 2004). Do Problems 4-6, p Review INA 239 (NTA) and INA 240(removal rules) and INA 101(a)(27)(A)(special immigrant/returning LPR). IMMIGRATION LAW 5

6 Class # 10: 2/3 Bocanegra; GROUNDS OF DEPORTABILITY Current Grounds of Deportability Immigration Control Grounds Criminal Grounds Political and National Security Grounds Other Deportability Grounds Read pp , , ; Read also Nijhawan v. Holder, 129 S.Ct (2009); Silva Trevino, 24 I&N Dec. 687 (A.G.2008). Do Problems 7-9 and 12 & 13, pp and do Problems 14-18, p. 570 and Problems 22-24, p Review INA 237(a)(grounds of deportation) and INA 101(a)(48)(a)(def. conviction) and INA 101(a)(43)(def.agg. felony). Class # 11: 2/8 Bocanegra; LASTING RELIEF FROM REMOVAL Cancellation of Removal (Matter of Recinas) Registry Legalization Adjustment of Status Private Bills ORAL ARGUMENT #2: LAST 30 MINUTES OF CLASS Read pp ; Do Problems 1 & 2, p. 601 and Problem 4, p Review INA 240A (cancellation) and INA 249(registry), Class # 12: 2/10 Bocanegra; LIMITED RELIEF FROM REMOVAL Deferred Action Voluntary Departure Objections to Destination Miscellaneous Defenses Synthesis: Perspective on Relief ORAL ARGUMENT #3: LAST 30 MINUTES OF CLASS Read pp , ; Read Memo, Administrative Alternatives to Immigration Reform, CIS Director, Alejandro Mayorkas, 2010( on course website); Read Martinez v. Mukasey, 519 F. 3d 532 (10th Cir. 2008); Do Problems 5 & 6, p Review INA 240B (voluntary departure). IMMIGRATION LAW 6

7 Class # 13: 2/15 Free; DEPORTATION PROCEDURES Representation Authorization to Practice Finding Lawyers for the Indigent Discipline of Immigration Practitioners Ineffective Assistance of Counsel Evidence and Proof ORAL ARGUMENT #4, LAST 30 MINUTES OF CLASS Read pp , , , and starting at note 8, , and ; Read also Padilla v. Kentucky, 130 S.Ct. 1473, 176 L.Ed.2d 284 (March 31, 2010); Do Problem 1, p Review INA 239(b)(counsel) and INA 236(a)(arrest and release) and INA 291 (burden of proof) Class # 14: 2/17 Daniel Hoyt Smith (Guest Lecturer); REVIEW OF REMOVAL ORDERS Administrative Review of Removal Orders The BIA Motions to Reopen Judicial Review of Removal Orders Petitions for Review Crime Related Removal Orders Denials of Discretionary Relief Expedited Removal Orders Voluntary Departure Regulations Prosecutorial Discretion Detention Decisions Habeas Corpus Consequences of Judicial Review ORAL ARGUMENT # 5: LAST 30 MINUTES OF CLASS Read pp Review INA 242 (judicial review) and INA 276 (collateral attack). Class # 15: 2/22 Free; ASYLUM AND REFUGEES Overview of Refugees and Asylees Overseas Refugees Political Asylum and Withholding of Removal Persecution Grounds Race/Religion/Nationality Political Opinion Social Group (Sexual Orientation/Gender) IMMIGRATION LAW 7

8 ORAL ARGUMENT # 6: LAST 30 MINUTES OF CLASS Read pp , Review INA 207 (refugees) and INA 208 (asylum) and INA 235 (b)(1)(b)(credible fear determinations) and 8 CFR (credible fear procedures). Class # 16: 2/24 Free; PROVING ASYLUM Non-State Actors in Persecution On Account of Nexus Requirement Standards of Proof Well Founded Fear Would Be Threatened Methods of Proof ORAL ARGUMENT # 7: LAST 30 MINUTES OF CLASS Read pp , , ; Do Problems 1-5, pp Review 8 CFR (establishing asylum) Class # 17: 3/1 Free; MORE ASYLUM Exceptions to Eligibility Discretion in Asylum Cases Convention Against Torture ORAL ARGUMENT # 8: LAST 30 MINUTES OF CLASS Read pp , Do Problems 7-9, pp Review INA 208(b)(2)(exceptions) Class # 18: 3/3 Free & Bocanegra; CITIZENSHIP & NATURALIZATION Citizenship by Birth and Derivation Naturalization Revocation and Expatriation Proposals to Amend 14th Amendment Read pp , , ; Do Problem 1 on p Class # 19: 3/8 Free & Bocanegra; OVERVIEW Special Topics Immigration Overview: Preparation for Final Exam Tips on Becoming an Immigration Practitioner IMMIGRATION LAW 8