IMMIGRATION LAW AND POLICY by ramhood17

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									                      IMMIGRATION LAW AND POLICY

                                   LAW 741
                                   Fall 2005
                                  SYLLABUS

                              Linda Rose, Esq.
                              Adjunct Professor
                                Tel: 321- 2256

Class Materials

      Text: S. H. Legomsky, Immigration and Refugee Law and Policy (4th. ed.
      2005)

      SelectedStatutes: T.A. Aleinikoff, et. al, Immigration and Nationality Laws
      of the United States (2005 ed.)

      Handouts: Available at Handout Central or on Westlaw

Note: “Read” means to read thoroughly and be prepared to discuss fully
unless otherwise noted. “Review” means to be familiar – some discussion
required. “Skim” means not required; look over for your own edification.
“Draft” means to complete the form as best possible for class discussion.

Class 1
Overview of U.S. Immigration Laws / Constitutional Issues

            Text: Read pages 1 - 25. I will lecture on this portion of the
            reading. Read
                  and be prepared to discuss: Pages 109 – 111, Pages 120 –
            135

Class 2
Immigrant Categories; Family-Sponsored Immigration / Ethics

            Text: Read 238 - 248 (skip problems). Prepare to discuss questions
                        1 and 2 at page 249. Read 250 - 258 (skip problems).
                        Read 270 (starting at Fraudulent Marriages) - 275;
                        prepare to discuss problems 5 and 6 at page 275.
                        Read 280 - 283.

            Selected Statutes: Review --

            INA §§ 101(b)(1) and (2) (pages 41 - 43)
            INA § 203(a) (pages 63 and 64)
           8 C.F.R. §§ 216.4 and 216.5 (pages 762 - 769)

           Review and draft Form I-130 based on the facts below.               Use
           fictional data (address, date of birth, etc.) of your own choice.

           You represent Dillard’s Department Store, Inc., in Nashville. The
                       Human Resources Manager called you about one of
                       their employees, Catherine Hare, who is an
                       Accountant in the Credit Department. Catherine is a
                       citizen of the United Kingdom. Dillard’s recently
                       realized that Catherine does not have authorization to
                       work in the U.S. and directed you to file paper work to
                       legalize Catherine as quickly as possible.

           Her background information is this: Catherine entered the U.S. on
                       August 15, 1998 as a B-2 visitor. Her visitor status
                       expired on February 15, 1999, so she is in illegal
                       status. On February 15, 1999, she married a U.S.
                       citizen, Joseph Simons. On February 15, 2001, she
                       began working at Dillard’s (using a false permanent
                       resident card and her husband’s social security
                       number).

           The best strategy here is to have Joseph petition for his wife as an
                        immediate relative. He will need to file INS Form I-
                        130. Think carefully as you complete Form I-130.
                        Consider the following ethical issue: Who is your
                        client? How would you advise Catherine to answer
                        the questions on residence and employment. What, if
                        anything, would you advise Dillard’s?

           Review Form I-751, Petition to Remove Conditions.

           Assume Catherine received permanent residence, and it is nearing
                      two years of the anniversary of her status as a
                      permanent resident. Catherine and Joseph are now
                      divorced. Complete Form I-751.

Class 3
Employment Based Immigration Through Labor Certification / Ethics

           Text: Read 292 - 302; 307 - 312 (beginning with Notes 9 through
Note
                 13); 316 - 319.
            Selected Statutes: Review --
                        INA § 203(b)(3) (pages 67 - 68)
                         8 C.F.R. § 204.5(l) (pages 636 - 637)
                         20 C.F.R. §656.10 (pages 833 - 837)
                         20 C.F.R. §§ 656.21 (pages 849 - 851).

            Hand out: Matter of Kellogg,1998 WL 1270641 (Bd. Alien lab. Cert.
            App.), 94-INA-465.
            See selected occupations (to be announced) of Dictionary of
            Occupational Titles and O*NET Job Descriptions.
            http://www.oalj.dol.gov/libdot.htm
                   www.onetcenter.org

            Optional: Prevailing Wages -- How to “Do the Right Thing”

            Prepare Form ETA 9089 for the Nutritionist in North Central, as it
                       now would be prepared under Matter of Kellogg.
                       Emphasis on sections H and J. Beware exceeding
                       the SVP. Use fictionalized data (name, address, date
                       of birth) of your own choice.

            Optional: Visit the following websites www.onetcenter.org and
                         www.flcdatacenter.org.

Class 4
Employment Based Immigration Without Labor Certification

            Text: Re-read 193 - 195, paragraph a. Read 333 (beginning with
                        “2. The Fourth Preference”) - 340.

            Handout: Read Matter of New York State Department of
                      Transportation, 22 I&N Dec. 215, Interim Decision
                      (BIA) 3363, 1998 WL 483980 (BIA)

            Selected Statutes: Review the following --
                        INA § 203(b)(1) and (2) (pages 64 - 67)
                        INA § 203(b) (4) and (5) (pages 68 - 70)
                        INA § 203 (c)(1) and (2) (pages 71 - 73) [skim this]
                        INA § 249 (page 360)
                        8 C.F.R. § 204.5(h) - (k) (pages 629 - 636)
                        8 C.F.R. § 204.5(m) (pages 638 - 641)
                        8 CFR 204.6, found at:
                               http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/s
                               lb-10281/slb-12852/slb-13926?f=emplates&fn=
                               document-frame.htm#slb-8cfrsec2046

     This is a lot of statutory and regulatory material to read. You are not
            expected to fully understand this, but you need to familiarize
            yourself with the statutory structure and evidentiary requirements.

            Form I-140, Immigrant Petition for Alien Worker: Draft Form I-140
            the petitioner and beneficiary in NYSDOT. Use fictionalized data
            where appropriate.

Class 5
Nonimmigrant Categories – Visitors, Workers, and Ethics

            Text: Read pages 345 - 356 and pages 394 - 397
                  Read pages 359 - 360 (“2. Treaty Traders and Investors”).
                  Then read handout Matter of Walsh.
                  Read pages 362 - 368.
                  Skim pages 383 - 389 and pages 397 - 398
                  Read pages 403 - 409. Prepare to discuss Problems in
                  Ethics.
             Handout: Read Matter of Walsh and Pollard

            Selected Statutes: Review INA §§ 101(a)(15)

            Review selected sections 8 C.F.R. § 214.2 as follows:
                        On H-1B visa -- pages 706 - 710
                        On L visas – pages 741 - 747

            Form I-129: Draft Form I-129 and the appropriate supplement for
                        the petitioner and the more senior worker in Matter of
                        Walsh and Pollard. Assume this worker is currently in
                        the United States in valid B-2 status. The company
                        would like this worker to remain the U.S. for
                        approximately the next two years and has requested
                        you to process a petition so that he does not have to
                        return to the U.K.

                         You do not have to read the form instructions. Use
                         fictionalized data (name, address, birth date) where
                         appropriate.

Class 6
Exclusion Grounds and Waivers (Inadmissibility)

            Text:        Read pages 410 and 411; skim 412 - 422.
                         Read text at pages 422 - 443. SKIP all Problems and
                         Notes, except as noted below. Prepare to discuss:
                            Problems 1 and 2 at 426
                            Problem 6 at 435
                            Problems 9 and 10 at 437
                             Questions 2 - 5 at 441

            Selected Statutes: INA §§ 101(a)(13) and 212 (a), (d)(3), (g), (h),
                         and (i)). Review INA §§ 213A, 235 and 240.




Class 7
Admission Procedures and Ethics

      Guest Speaker: Ron Kidd, US ICE Nashville, Head of ICE, Nashville
            Mr. Kidd will discuss his role and experience as the head of
            Nashville ICE (enforcement division of Dept of Homeland Security).
            Be sure to read the following assignment. We will discuss pertinent
            sections prior to Mr. Kidd’s arrival.

            Text: Skim pages 444 - 449. Read pages 450 - 465. SKIP all
                        notes and problems, except Problem 3 at 461. Read
                        485 - 493. SKIP all notes and problems. Prepare to
                        discuss Problem 5 at 466.

            Selected Statutes: INA § 245, INA § 274C (e) and (f); INA §
                        235(b)(1)(A); INA § 212(a)(9)(B). ALSO: Mr. Kidd will
                        talk about the I-9 laws, so skim INA § 274A and/or
                        pages 1209 - 1114 of text.

            Form I-485: Draft this form for your client who is married to a U.S.
                         citizen, works illegally, and entered the U.S. using a
                         visa obtained by using a fraudulent birth certificate
                         and fraudulent letters proving employment in his
                         home country. Assume Form I-130 has been filed an
                         approved.

Class 8
Deportation Grounds (Part I)

            Text: Skim 633 - 645 (deportation procedure). Read 496 - 498; 511
            - 519; prepare to discuss Problem 6 at page 525. Read 525 - 533;
            skip notes and problems. Read 538 - 540 (stop at “Crimes
            Involving Moral Turpitude”).

            Selected Statutes: INA §§ 101(a)(13) and (48), 237, and 238(a)
            and (b)

            Forms: Review Form I-862, Notice to Appear
Class 9
Deportation Grounds (Part II)

            Text: Read 540 (beginning with “Crimes involving moral turpitude”)
            - 550. Prepare to discuss Problems 14, 15, and 16 at 548 and
            problem 17 at 549 (need to read INA § 237(a)(2)(A)(i) for this
            problem). Read 552 (beginning with “Drug Offenses”) - 559;
            prepare to discuss problem 20 at 552 and problem 22 at 563.
            Read 564 - 565 (Miscellaneous Grounds).

            Selected Statutes: INA §§ 101(a)(43); 212, 237, 238(a) and (b)

Class 10
Relief from Removal

            Text: Read 572 - 580; prepare to discuss Problem 1 at 581. Read
            581 – 591; prepare to discuss Problem 4 at page 585. Read 604 –
            622 (skip all Notes, Questions, and Problems). Prepare to discuss
            Problems 5 and 6 at 622.

            Selected Statutes: INA §§ 240 (skim only); 240A (emphasis on
            subparagraphs (a) and (b); skim the rest of the statute), and 240B
            (emphasis on subparagraph (b); skim the rest of the statute). INA §
            249. Review INA § 212 (h) and (i).

            Handout: Matter of Marin

Class 11
Employer Sanctions
Naturalization

            Text:        Read 1209 - 1229 (skip problems). Read 1265 - 1271
                         (review chart only briefly); 1276 - 1287; 1289 - 1293
                         1312 – 1313 (Skip all Notes, Questions)

            Selected Statutes:
                         INA §§ 274A & B (emphasis on § 274A (e) and (f))
                         INA §§ 311, 312, 316.

            Forms:       Complete Form I-9 (for yourself)
                         Complete Form N-400 (Imagine you have been a
                         Lawful Permanent Resident since 1995)
Class 12
Moot Court Removal Hearing: Cancellation of Removal

For background information on trial procedure, SKIM the following pages:

                           A Case File: Skim 761 - 792, with emphasis on pages
                           766 - 786. THIS IS FOR BACKGROUND ONLY, TO
                           GIVE YOU AN IDEA OF HOW A TRIAL GOES. THIS
                           WILL ALSO GIVE YOU SOME IDEAS IN
                           PREPARING YOUR QUESTIONS FOR WITNESS
                           EXAMINATION.

                    For the moot court hearing, you need to read the following:
                    Simulated Removal Hearing. Read 817 - 833.


Class 13
Asylum and Refugee Status (part 1)


                           Read pages 915 - 918; skim 918 - 930
                           Read 937 - 947
                           Read 959 - 968; 971 (starting at “neutrality”) - 974

                           Selected Statutes: INA §§ 101(a)(42); 207(c); 208

                           Review Form I-589.

                           Skip Notes/Questions and Exercises



Class 14
Asylum and Refugee Status (part 2)
Ten Things Every Law Student Should Know About Immigration Law


                    Read 977 (starting at “particular social group”) - 980; 1008 –
                    1019

                    Skip Notes/Questions and Exercises

                    Last hour of the class will be spent on review.

								
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