GEORGE MASON SCHOOL OF LAW Immigration Law Law 235 Fall Syllabus

Transcription

1 Adjunct Professors: Nick Perry Daytime telephone: Office hours: by appointment Adam V. Loiacono Daytime telephone: Office hours: by appointment GEORGE MASON SCHOOL OF LAW Immigration Law Law 235 Fall 2014 Syllabus Required Texts: Immigration and Citizenship: Process and Policy, 7 th Edition, 2012 (Text) Aleinikoff, Martin, Motomura, and Fullerton Immigration and Nationality Law of the United States, 2014 Edition (Supplement) Aleinikoff, Martin, Motomura, and Fullerton (2012 or 2011 editions may also be used. Note that there was no 2013 edition.) While most reading for the class will be from the Text and Supplement, reading will be assigned from other sources, including federal court cases, Board of Immigration Appeals (BIA) cases, and regulations not included in the Supplement. Note that the BIA cases are available in the FIM-BIA Westlaw database and the Executive Office for Immigration Review s Virtual Law Library at Grading: Final Exam: 85% Class Participation: 15% Final Exam: The final exam is currently scheduled for Monday, December 8, 2014 at 6:00 pm. The exam will require the application of the immigration law provisions discussed in class to the hypothetical situations presented. Prior to the exam, we will provide sample questions. The exam will be closed book except for the Supplement, and any notes you have added to that book. You may not add pages to the book. Class Participation: Class participation is a key component of this class, constituting 15% of the final grade. You are required to complete the assigned readings before each class. Although you may 1

2 not fully understand some of the readings without classroom discussion, the central factor of class participation for grading purposes is effort. During the first class, we will discuss how students will be selected for participation, which will be based in part on class size. General Discussion of Material to be Covered: We will review the history and legal foundations of U.S. immigration law, as well as key constitutional (e.g., relationship between due process and right to counsel, role of states in enforcement of immigration laws) and process issues (e.g., obtaining a visa, removal proceedings). We will substantively address a number of areas of immigration law, including refugee and asylum, criminal immigration provisions, immigration benefits, detention and removal, and U.S. citizenship. We will also discuss the national security authorities under immigration law and how these tools are used to prevent terrorist aliens from entering into or remaining in the country. Since regulations are so important in immigration law, the study of immigration law will touch upon the regulatory process of administrative law (although it is not necessary for you to have taken administrative law for this class). Immigration law is complex, with rules that do not always follow logic. As Justice Alito stated, nothing is ever simple with immigration law. Padilla v. Kentucky, 559 U.S. 356, 378 (2010) (Alito, J. concurring) (internal quotation omitted). The U.S. Court of Appeals for the Second Circuit described the labyrinthine character of modern immigration law as a maze of hyper-technical statutes and regulations. Drax v. Reno, 338 F.3d 98, 99 (2d Cir. 2003). The class is intended to provide a foundation on which to understand the law as it (currently) exists. Because this is a survey class, there will be significant areas that we either do not cover or do not cover thoroughly. We will have guest speakers who are experts in particular areas of immigration law. Immigration law is based primarily on statute, principally the Immigration and Nationality Act of 1952, as (many, many times) amended, and implementing regulations. Therefore, the law you learn in class could easily change in future. Only time will tell if comprehensive immigration reform will ultimately be enacted in the next few years. Since statutes and regulations are key to immigration law, there will be statutory and regulatory reading and less case reading in this class compared to many law school courses. 2

3 Useful Resources: The most useful Westlaw databases for immigration law research are FIM-CS (covering federal cases dealing with immigration), FIM-BIA (covering BIA and Attorney General decisions), FIM-CFR (covering immigration-related regulations), FIM-USCA (covering immigration statutes in the U.S. code, including the INA), and FIM-TP (covering immigration-related law review articles, texts and periodicals). There are several useful secondary sources of immigration law available. Unless noted in the syllabus, these are not required reading but may be useful in gaining a better understanding of the assigned material. Immigration Law and Procedure in a Nutshell (6 th edition) (2010) by David S. Weissbrodt & Laura Danielson (available in the law library and for purchase); Immigration Law and Procedure (LexisNexis/Matthew Bender), a 20-volume treatise on immigration law, by Charles Gordon, Stanley Mailman & Stephen Yale-Loehr (available in the law library, believe it is available on Lexis); Kurzban s Immigration Law Sourcebook (most recent edition is 14 th edition) (2014) by Ira J. Kurzban, a useful single (very expensive) volume intended for immigration practitioners (a prior edition is available in the law library); Immigration Briefings, a monthly monograph on immigration law issues (available in the law library and in the IMMIGRBRIEF Westlaw database); Interpreter Releases, a weekly newsletter that covers current immigration law issues (but not interpretation issues, despite the name) (available in the law library and in the INTERREL Westlaw database); Bender s Immigration Bulletin, a twice-monthly newsletter covering current immigration law developments (available on Lexis). 3

4 DATE TOPIC MATERIALS TO BE READ BEFORE CLASS 8/21/14 8/26/14 8/28/14 9/2/14 9/4/14 9/9/14 9/11/14 9/16/14 9/18/14 9/23/14 Course introduction - Sources of immigration authority - Foundational cases Foundations of immigration law - Constitutional rights in admission and deportation Due process in admission (continued) Roles of federal agencies and courts Nonimmigrant visas - Intro - B visas - Visa Waiver Program Nonimmigrant visas - H1B visas - Other employmentbased nonimmigrant visas Immigrant visas - Intro - Family based Immigrant visas - Family-based including marriage fraud and same-sex marriage Immigrant visas - Employment-based - Immigration Judge (IJ) and BIA - Judicial Review - Non IJ process Text xiii-xvi, 1-3, , (stopping at beginning of Justice Field s dissent) Text , , Kiyemba v. Obama, 555 F.3d 1022 (D.C. Cir. 2009) Text , (through and including b. Other Bureaus ) Text , INA 216(b)-(c), 204(c), (g), 245(e)(3) Matter of Lovo-Lara, 23 I&N Dec. 746 (BIA 2005) Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013) Text , INA 101(a)(15)(H), 214(c)(1)(i) 8 CFR 214.2(h)(4)(B) General requirement for petitions involving a specialty occupation. Shanti v. Reno, 36 F.Supp. 2d 1151 (D. Minn. 1999) (you can skip section I. Jurisdiction on pages 1157 to 1161) Text , , INA 101(a)(15)(B), 214(b) (first sentence only), 217(a)-(b) Text (paying close attention to the definition of immediate relative) INA 101(b)(1)(A)-(D) Current Department of State Visa Bulletin. (Link will be provided later) Text , INA 204(j) (on portability, not directly discussed in assigned text reading) Text , INA 239(a)(1), 240(a)-(c) Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001) Text , 569 (starting with 3. Expedited Removal )-580, INA 242(a), 235(b)(1)(A), 241(a)(5), 238(b) 4

5 9/25/14 9/30/14 10/2/14 10/7/14 10/9/14 10/14/14 10/16/14 10/21/14 - Reopening - Ineffective assistance of counsel - Right to counsel - Detention of removable aliens - Prosecutorial Discretion and deferred action Grounds of inadmissibility and deportability - Criminal grounds Grounds of inadmissibility and deportability - Health-related - Immigration-related Monday Schedule No Class Grounds of inadmissibility and deportability - Terrorism-related - Other national security grounds Special removal and detention authorities for national security cases Dealing with illegal immigration - Criminal offenses Text , INA 240(c)(6)-(7), 292, 239(b) Matter of Compean, 24 I&N Dec. 710, only pages & (AG 2009) (which is different from the Compean decision in text) Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011) Text , (majority decision) INA 236(a)-(c), 235(b)(2)(A), 241(a)(2) 8 U.S.C. 1232(b)(3), (c)(2)(a) 8 CFR 236.1(d), (f) Matter of Guerra, 24 I&N Dec. 37 (BIA 2006) Matter of Joseph, 22 I&N Dec. 799 (BIA 1999) Text INA 212(d)(5)(A) 8 C.F.R. 274a.12(c)(14), (c)(18) Memorandum at Text , (top of page), , INA 101(a)(43)(A), 101(a)(43)(B), 101(a)(43)(F), 101(a)(48), 212(a)(2), 212(h), 237(a)(2) Text , , , (through c.) INA 212(a)(1), 212(a)(6)(A)(i), 212(a)(6)(C), 212(a)(6)(E), 212(a)(9)(A), 212(a)(9)(B)(i), 212(i), 237(a)(1)(A)-(B), 237(a)(3)(D) Text , Perry, The Breadth and Impact of the Terrorism- Related Grounds of Inadmissibility of the INA, Immigration Briefings (October 2006), given in class and available on Westlaw at Immigr. Briefings 1. INA 212(a)(3), 237(a)(4) Text INA 235(c), 240(b)(4)(B), 236A(a)(1)-(3), 274(a)(1), 275(a), 276(a) 5

6 10/23/14 10/28/14 10/30/14 11/4/14 11/6/14 11/11/14 11/13/14 11/18/14 11/20/14 11/25/14 related to immigration Dealing with illegal immigration - Employment restrictions - E-Verify - Restrictions on public benefits Role of States - State Immigration Laws - INA 287(g) - Secure Communities - Detainers - Refugee status - Asylum - Withholding of Removal - Asylum, etc. (cont.) - Asylum, etc. (cont.) - Convention Against Torture (CAT) protection - Temporary Protected Status - Adjustment of status - Voluntary departure - Cancellation of removal Citizenship - Citizenship at birth Citizenship - Naturalization requirements Citizenship - Naturalization Text , INA 274A(a)(1)(A), (a)(1)(b)(i), 274B(a)(1) [Note that 274A assigned here is different from 274(a) assigned for the prior class.] 8 U.S.C. 1641(a)-(b) Text (up to first break) Text United States v. Arizona, 132 S.Ct (2012) (majority opinion and Justice Alito s dissent) INA 287(g)(1)-(2) 8 C.F.R ICE Detainers: Frequently Asked Questions available at Text , INA 101(a)(42), 207(c)(1), (3), 208(a), (b)(1)(a), (b)(2), (d)(4), 241(b)(3)(A)-(B) Text , , , Text , Additional readings to be assigned later Text , , C.F.R (a), (c)(4), (a)-(c), (c) INA 244(a)(1), (b)(1), (c)(2) Text , INA 245(a), 245(d), 245(e), 240B(a)(1), 240B(b)8 C.F.R (b) Text , INA 240A(a), (b)(1), (c), (d)(1)-(2), 240B(a)(1), 240B(b), 301(a), (c), (g) Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998) Text INA 316(a), (d), 101(f), 312(a), 319(a) Text , 140 (Expatriation), INA 336(a), (b), 310(c), 340(a), 340(e), 349(a) 6

7 11/27/14 12/2/14 Monday 12/8/14 6 p.m. procedures - Denaturalization and loss of nationality Thanksgiving Recess No Class Last class Course review and catch up (if needed) Final Exam None 7