IMMIGRATION LAW Professor Cinthia I. Rivera University of La Verne College of Law Summer 2018 CLASS SYLLABUS I. MEETING TIMES/CONTACT INFORMATION AND OFFICE HOURS Class Meeting Times: Tuesdays and Thursdays from 6:30PM 8:20PM Room: 203 Email address: crivera@vegarivera.com Office Telephone: (909) 235-7830 Office Fax: (909) 614-7743 Faculty assistant: TBD Office Hours: Please e-mail questions in advance and schedule appointments, so I can arrange for space to meet. II. COURSE MATERIALS Required texts (bring both to class): 1. : Legomsky, Immigration and Refugee Law and Policy (Foundation Press, 6 th ed. 2015); and 2. A paperback statutory supplement: Aleinkoff, Martin & Motomura, Immigration and Nationality Laws of the United States (Thompson West, 2016). Recommended Text Immigration Law and Procedure in a Nutshell David Weissbrodt, Laura Danielson & Howard S. Myers West Academic Publishing 7th Edition TWEN: Please make sure that you register on the Immigration Law TWEN page with an e-mail address that you check regularly.
III. COURSE OVERVIEW This course will provide a brief basic history and development of immigration law in the United States, as well as more technical information about our current immigration system. We will examine some of the following issues: The source of federal power to regulate immigration; Family-based immigration; Employment-based immigration; Immigrant visas v. non-immigrant visas; Exclusion v. deportation; Removal proceedings; Relief from removal; Humanitarian relief (asylum, VAWA, SIJS, and T & U visas); Citizenship and naturalization Through this course, you will 1) learn about immigration law and policy; 2) hone your statutory interpretation skills; and 3) learn how to apply the law to various factual scenarios. The material covered in your book will be supplemented by handouts, and other materials that will be made available to you via TWEN. These additional materials are meant to assist you in understanding the immigration laws. I have selected your reading assignments with the purpose of focusing on the issues and the law that is most relevant now. Other topics will be discussed briefly in class. Please note that I have changed the order in which material will be covered from that in your textbook. IV. ATTENDANCE, CANCELLED CLASSES/MAKE-UP CLASSES This course has 16 scheduled meetings. More than 2 absences will make you ineligible to sit for the final examination and will therefore, result in a failing grade. Arriving to class late and/or leaving early may, in the professor s discretion, result in being marked absent. Unpreparedness may also result in being marked absent. You may not tape record classes unless exigent circumstances exist, and you receive permission before each class. If a class is cancelled, you are still responsible for completing the assigned reading due for that day.
V. STUDENT LEARNING OUTCOMES Upon successful completion of this course, students should be able to achieve the following objectives: 1. Problems: Analyze factual scenarios to identify immediate immigration issues and foreseeable factual changes and their immigration impacts; evaluate the factual scenarios and analyze them to determine the applicable immigration laws; and look up or recall the applicable laws and apply them to the factual scenarios (issue-spotting, break down statutes and regulations into elements, apply the law to the facts (detailing your analysis), conclude). Your application must include step-by-step analysis to a conclusion or possible alternative conclusions. 2. Statutory and Policy Analysis: Read and analyze statutes and regulations to break them down into elements. Identify and understand the purpose(s)/goals of each statute and regulation. Identify the stakeholders. Evaluate to determine whether the statute or regulation effectively serves the purpose of the law. Identify any collateral effects of the law (positive and negative). Create and propose changes to the statute/regulation to better achieve the stated goal. Or identify and explain why the goal of the law is different and propose a more appropriate rule. VI. DESCRIPTION OF ASSIGNMENTS AND GRADING You are responsible for all of the assigned readings, whether discussed in class or not. Please note that when the assigned reading refers to a section of the Immigration and Nationality Act, or the Code of Federal Regulations you should consult the statutory supplement and read the statutory language. You must also bring the statutory supplement with you to class each day. The list of reading assignments below may change to reflect the needs and direction of the class. Unless otherwise noted, all other readings come from our casebook. In this syllabus, all page numbers refer to the casebook unless otherwise specified. We are not going to follow the flow of the text book in order. Your assigned readings are based on what I believe is a better sequence for learning the law. The problems that are assigned on the syllabus are for you to read and be prepared to discuss/answer during class. You do not need to turn in a written response for the problems. Grading: Exams and Assignments You will also have one midterm exam consisting of all multiple-choice questions. Your midterm will be online via TWEN. See Calendar Below for Date of Exam. You will also have one final exam. 5% of your grade will be based on your class participation.
Your grade will be calculated based on the following: Midterm: 15% Class Participation: 5% Final Exam: 80% The final examination: Everything covered in class and all readings, whether or not discussed in class, may be tested on the exams. The final exam will be three hours, consisting of multiple choice questions, short answer problems, and one essay question. This will be an open statute/regulation exam. You will be allowed to bring in your statutory supplement, or printed statutes only. You may NOT use your outline. You may NOT use your textbook. Rules regarding the statutory supplement or printed statutes: 1. You may tab and mark statutes and regulations. 2. You may underline, highlight, and brief notations to assist you in using this book as a resource. 3. You may not include extraneous papers in the book. 4. You may not write your outline of the course in the book. 5. The statutory supplements will be examined prior to the examination. If you fail to abide by these rules, your statutory supplement may be confiscated. GRADING Your grade in this class will be calculated according to the law school s grading policies in MAPP. Part III.B.5. I will strictly adhere to the Law School s policy for blind-grading. That means that I do not have a way of knowing whose exam I m grading. This is to ensure fairness. The College of Law s plagiarism policy will be strictly enforced in this class. If a student commits plagiarism, he or she will be subject to sanctions pursuant to Part IV.B. of the MAPP. Part IV.B. of the MAPP prohibits: 6. Plagiarizing by submitting the work of another as one s own, submitting work prepared in collaboration with another without express permission, or failing to properly provide attribution of source materials. Plagiarism includes paraphrasing the words of another without proper attribution and using the ideas of another without proper attribution. Lack of knowledge of what constitutes plagiarism shall not be a defense to a charge of plagiarism. VII. DISABILITY SERVICES INFORMATION Students whose disabilities necessitate accommodation must comply with the notice and documentation requirements of the College of Law.
Students wishing to receive accommodations should, within the first month following initial registration, make an appointment with the Assistant Dean of Students in order to become informed of these requirements. If you wish to receive accommodations for disability, you are responsible for reviewing The Handbook for Students with Disabilities, available from the College of Law Registrar s Office. You have certain obligations and responsibilities surrounding the accommodations and services provided by the University of La Verne and the College of Law, and must pay particular attention to the requirements for timely documentation outlined in that document. VIII. IN-CLASS DECORUM During class time turn off cell phones, end conversations with your neighbors, and do not use your computer for non-class related purposes. Note taking on your computer is fine. Checking your email, surfing the Internet, Facebook, and/or playing computer games are NOT acceptable. Please be respectful towards your professor and classmates. This means NO TALKING during lecture. This also means avoiding making noise when going to the restroom, or going through your bag, etc. Please do not let the door slam on your way out. Immigration is a hot topic. Not everyone will share the same opinions, and that is perfectly fine. This class is not about agreeing with my views on immigration, or anyone else s. Please be respectful towards your professor, and your classmates. No rude conduct, offensive comments, or aggressive behavior will be tolerated. Let s maintain a peaceful, and productive learning environment. IX. PARTICIPATION Class participation is required. Class participation includes careful preparation of reading assignments, on-time class attendance, thoughtful contributions to classroom discussions, and timely submission of problem sets and assignments. I expect active participation from the entire class. To facilitate a vibrant class discussion, I will utilize a mix of random cold calling and calling on volunteers. Remember that 5% of your grade is based on your in-class participation. Don t be shy or intimidated, just go ahead and participate. I will keep track of your participation in class.
X. READING ASSIGNMENTS: Some adjustments to assignments may be made in light of recent changes in case law or to fully cover the material assigned for each chapter. Class Topic Assignments Problems 1 T June 5 Overview & Intro Statutory Supplement: 101(a)(3)(10);101(a)(16)-101(a)(18); 101(a)(20)-21; 101(a)(33); Ch. 1: The Immigration Debate: Goals, Strategies, and Impact pp. 1-21 (not the figures chart); The Politics of Immigration pp. 77-82 2 Th June 7 Ch. 2: Immigration and the Constitution: Sources of the Federal Immigration Power, Limits to the Federal Immigration Power; Plenary Power; and Federalism Ch. 2: continuation Note on the Public Reaction to Asian Immigration pp. 110-112 pp. 113-117 (through end of Ekiu v. United States) Fong Yue Ting. U.S. pp. 118-122 (do not read dissenting opinion) Modern Developments pp. 136-37 Shaughnessy v. United States ex rel. Mezei pp. 137-141 (do not read the dissenting opinions) Harisiades v. Shaughnessy pp. 158-163 (do not read concurring or dissenting opinions) Zadvydas v. Davis pp. 186-192 (do not read dissenting opinions) TWEN: Jennings v. Sessions
3 T June 12 Ch. 10: Enforcement Statutory Supplement: INA 236(a)-(d) TWEN: -DHS Implementing the President s Border Security and Immigration Enforcement Improvements Policies Border Enforcement pp. 820-827 Initiating Removal & Prosecutorial Discretion pp. 829-838 (through end of second paragraph) IRCA, Employer Misconduct, and Deterring Immigration Violations pp. 844-848 (through end of first paragraph pg. 848) Problems: 2 & 4 p. 855 4 Th June 14 Ch. 9: Deportation Procedure Statutory Supplement: INA 239; INA 240(a)- (e) TWEN: -Basic Flow of Court Removal Proceedings -Appointed Counsel and Bond Hearings for the Mentally Disabled Overview pp. 677-685 Representation pp. 694-696 Ineffective Assistance of Counsel pp.715-717 (through end of Matter of Lozada)
Evidence and Proof through end of INS v. Lopez-Mendoza pp. 719-729 (do not read dissenting opinion) Woodby v. INS pp. 739-743 pp. 745-746 Notes 8-9 Administrative Review: BIA pp. 749 first paragraph only; pp. 751-752 (through end of 5 th paragraph) Petitions for Review pp. 766-767 (through the end of the 3 rd ; paragraph on pg. 767) 5 T June 19 Ch. 8: Relief from Deportability Statutory Supplement: INA 240A; 240B TWEN: -Cancellation and Suspension -BIA Unpublished Decision on Extreme Hardship Cancellation of Removal pp. 627-636 (Do not read Questions or Problem 4) Hardship pp. 636-637 (top) Matter of Recinas pp. 640-643 Voluntary Departure pp. 662-665 Deferred Action pp. 652-653 Stays of Removal pp. 672-673
6 Th June 21 Ch. 3: Immigrant Priorities. First go to https://travel.state.gov/content/trave l/en/us-visas/immigrate/familyimmigration/family-basedimmigrant-visas.html This will summarize a lot of important information for you. You can print this and use this to help you understand this Chapter. Statutory Supplement: INA 101(b)(1)(A)-(D); INA 201(b)(2)(A)(i) Immediate Relatives INA 201(f)(1)-(2) INA 203(a)(1)-(4) - Preference Categories INA 245(i) TWEN: -CSPA Practice Advisory pp. 257 pp. 263-265 (not problem 2) pp. 269-275 pp. 291-295 (b. Fraudulent marriages) pp. 313-318 (NOT Matter of Mario Graham) Suggested Order of Reading: Start with the link to the travel.state.gov. Next, read the. Then, read the CSPA Practice Advisory. Last, read the statutory supplement pp. 500-502 Adjustment of Status pp. 525-528 (do not read Notes and Questions )
7 T June 26 Ch. 4 Non-Immigrant Priorities TWEN -B1/B2 Visas -Nonimmigrant Visa Alphabet Soup Intent to Remain Permanently pp. 419-420 Tourists pp. 411-413 Fiancés and Fiancées pp. 414-417 Educational Categories pp. 400-405 including Exchange Visitors but not Sheku-Kamara v. Karn Specialty Occupations pp. 375-381 8 Th June 28 Ch. 5: Exclusion Grounds and Waivers Statutory Supplement: INA 212(a)(2)(A)- (F) INA 212(a)(3)(A)(i)- (iii) INA 212(a)(4)(A); 212(a)(4)(C)(i)-(ii) INA 212(a)(6)(A)(i) INA 212(a)(6)(C)(i)- (iii) INA 212(a)(6)(E)(i)- (iii) INA 212(a)(9)(A)(i)- (iii) INA 212(a)(9)(B)(i)- (v) INA 212(a)(9)(C)(i)- (iii) PROBLEM 2 pp. 443 PROBLEM 3 pp. 443 TWEN
-Grounds of Inadmissibility Summary -Unlawful Presence Chart -Unlawful Presence Practice Advisory Immigration & Nationality Act of June 27, 1952 pp. 435-437 pp. 440-442 (begin at 3 rd paragraph on 440) pp. 443-445 (begin on last paragraph after Problem 5) Fri June 29 9 T July 3 ONLINE MIDTERM EXAM Ch. 7: Deportability Grounds TWEN: -History of Silva-Trevino Statutory Supplement INA 101(a)(13)(C)(i)- (vi) INA 237(a)(1)(A) INA 237(a)(1)(E) INA 237(a)(2)(A)(i)- (iii) INA 237(a)(2)(B)(i)- (ii) INA 237(a)(2)(C) INA 237(a)(2)(E)(i)-(ii) INA 237(a)(3)(D)(i) INA 237(a)(5) Suggested order of reading: First, read the. Next, read the TWEN handout. Last, read the statutory supplement
The Meaning & Significance of Entry and Admission pp. 538-539 Rosenberg v. Fleuti pp. 545-550 (do not read dissent) pp. 555 Note 12. pp. 557-558 Note 16. Entry While Inadmissible pp. 560 only pp. 565-572 (skip Concurring opinion) pp. 581 Note 6. Expungements pp. 584-587 Executive Pardons pp. 587 Crimes Involving Moral Turpitude pp. 587 Sentencing Requirements pp. 594 Two Crimes Involving Moral Turpitude pp. 595 Aggravated Felonies pp.598-607 (do not read dissent) pp. 613-615 pp. 615 Note 1. pp. 616 Note 3.
10 Th July 5 Ch. 11: Refugees TWEN: -Matter of Acosta -Kaiser v. Ashcroft 11 T July 10 Statutory Supplement: INA 101(a)(42) INA 207; INA 208; INA 209(a)-(c) INA 212(d)(5)(B) pp. 902-904 (skip Robert A. Divine excerpt) Asylum & Nonrefoulement pp. 919-921 (through end of 2nd paragraph on pg. 921). pp. 928 Note 3. pp. 930 Note 5. On Account of pp. 941-946 pp. 948 Note 7. pp. 959-960 Note 6 Matter of M-E-V-G pp. 961-971 Ch. 11 continuation TWEN: -Matter of W-G-R Matter of Kasinga pp. 995-999 (skip concurring and dissenting opinions) pp. 1003 Note 2 pp. 1009-1014 (NOT Jennifer Moore article) Problem 3 pg. 579
Well Founded Fear and Would be Threatened). pp. 1032-1033 pp. 1034 Note 3. Relevant Evidence pp. 1039-1041 Exceptions to Eligibility pp. 1047-1049 (skip Matter of Carballe) pp. 1086-1087 ( vii. Denying Employment Authorization only). 12 Th July 12 Ch. 11: Vulnerable Children/Victims Statutory Supplement: INA 101(a)(T) INA 101(a)(U) INA 101(a)(27)(J) TWEN -Immigration Relief for Vulnerable Populations Vulnerable Children pp. 1156-1162 (skip Asylum) T & U Visas pp. 1164-1165
13 T July 17 14 Th July 19 Ch. 13: Citizenship Final Exam Review TWEN: -Citizenship for Children (clinic.org webinar slides) -citizenship toolkit (provided by clinic.org) -Sessions v. Morales- Santana -Sessions v. Morales- Santana Article Statutory Supplement : INA 301; INA 308; INA 309; INA 312; INA 316; INA 320; INA 322 pp. 1261-1267 pp. 1270-1272 pp. 1290-1291 pp. 1292-1295 (3. Dual nationality NOT 4. Statelessness) pp. 1311 (B. Losing Citizenship only) 15 T July 24 Final Exam Review?
Final Exam Date TBD