Professor Muneer Ahmad
Spring 2006 Blind Grading No. _____________________
Check here if you are a graduating student
1. This is a take home exam. You have 24 hours to complete the exam. The hours of operation
of the Registrar’s Office are listed in the Docket. Please return all exams to the Registrar’s
Office in Room 304 within 24 hours of the time that you pick up the exam. Failure to do so will
result in deductions from your grade.
2. This is an open-book examination. You may rely upon your class notes, your casebook and
statutory supplement, materials distributed in class, and any outline you participated substantially
in preparing. If English is not your first language, please feel free to use an English language
3. You may not consult with anyone else or use online resources in answering this exam.
4. The exam is made up of three essay questions, and one section of short answer questions,
worth a total of 100 points. The number of points each question is worth is stated at the
beginning of each question. The word limit for each essay is stated after the question. You
should not feel obligated to meet the word limit, but in no instance should you exceed it. (For
your reference, one double-spaced page typed in Times New Roman 12 point font is
approximately 300 words.) If you are typing your responses, please include a word count at the
end of each response.
5. Your answers may be typed, or handwritten in a bluebook. If you handwrite your responses,
please do so legibly. Do not write any of your answers on the exam itself; credit will only be
given for what appears in your bluebooks or on your typewritten responses.
7. Only your grading number, which you obtained from the Registrar, should appear on each
bluebook and exam copy. DO NOT USE EITHER YOUR NAME OR SOCIAL SECURITY
8. Please write your grading number on the top of this page. If you are a graduating student,
please check the box at the top of the page to indicate this.
9. All of the exam copies must be turned in with your exam answers.
10. Read the question, think, and outline the answer for yourself before you start to write. I will
appreciate CLEAR and CONCISE answers.
11. Thank you for being a fantastic class. Best of luck on this and all of your exams.
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SECTION I: ESSAY QUESTIONS
Question One (40 points)
Austin is a 24-year-old citizen of Anonystan, a small country in Central Asia. He came to the
U.S. on an F-1 student visa in 2003, in order to pursue a master’s degree in electrical engineering
at the Washington College of Engineering. In January 2004, while leaving a local bar, Austin
got into a car accident which resulted in serious injuries to a pedestrian. Austin was charged
with the criminal offense of “reckless driving while under the influence of alcohol.” He pleaded
“no contest” to the charge, and was sentenced to one year in jail, with 6 months of his sentence
While Austin was in jail, civil war broke out in his native country of Anonystan.
Austin is from Powerania, a small province in the north of Anonystan, primarily inhabited by an
ethnic group known as the Poweranians. The Poweranians speak a different language from the
rest of Anonystan, practice a different religion, and have distinctive family names that identify
them as Poweranian. Although Powerania has been a part of Anonystan for over a hundred
years, it has long aspired to gain independence from Anonystan. During the civil war, many
Poweranians have been supporting guerrilla forces in their struggle to overthrow the central
Austin and his parents left Powerania when Austin was 7 years old. They moved to Anonopolis,
the capital of Anonystan, because Austin’s parents were nationalists who did not support
independence for Powerania, and were atheists who did not want to be identified with
Poweranians or be forced to practice their religion. Austin’s parents even changed their family
name to a non-Poweranian name. To the best of their ability, Austin and his parents blended in
with the mainstream population in Anonopolis. However, Austin and his parents had certain
physical characteristics, including a sharply protruding chin that is often associated with
Poweranians, as well as a body scar on their upper arms (the result of a Poweranian ritual
performed on children at the time of their 3rd birthday).
When the civil war broke out, the central government launched a massive attack on Powerania.
There were also many attacks on Poweranian homes and businesses in Anonopolis by non-
Poweranian citizens. During the course of this violence, many Poweranians were killed,
including Austin’s uncle, in Powerania. In addition, Austin’s mother, who had worked for the
central government, was fired from her job. Austin’s parents have heard rumors that young
Poweranian men were being targeted and killed by the central government (in order to prevent
them from joining the guerrillas). Austin’s 20-year-old cousin, Maxwell, has recently
Although Austin did not identify politically with the Poweranians, he was still afraid that he
would be killed if he returned to Powerania. Once he got out of jail, he therefore applied for
asylum in the U.S., alleging a fear of persecution on the basis of political opinion, and on the
basis of his membership in a particular social group. The social group he identified was “young,
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male Poweranians who are being targeted by the government.” The asylum officer who heard
his case referred Austin’s case to an Immigration Judge (IJ).
The IJ found Austin to be credible. However, he denied Austin’s application for asylum on three
grounds. First, the IJ held that even if Austin were persecuted if he returned to Anonystan, that
persecution would not be because of political opinion. Second, the IJ held that “young, male
Poweranians” did not constitute a “particular social group,” and even if they did, Austin was not
himself a member of that group. Third, the IJ held that even if Austin met all of the other
requirements for asylum, he was ineligible for asylum under INA §§ 208(b)(2)(A)(ii) and
208(b)(2)(B)(i). Austin has appealed the decision of the IJ to the Board of Immigration Appeals
You are a member of the BIA. How would you decide each of the following questions?
A. Whether the IJ was correct in concluding that even if Austin were persecuted if he
returned to Anonystan, such persecution would not be because of political opinion. [Note
that you do not need to address whether he would in fact face persecution, only whether
such persecution would be because of political opinion.];
B. (1) Whether the IJ was correct in concluding that “young, male Poweranians” do not
constitute a “particular social group”; and
(2) even if it was a “particular social group,” whether Austin was a member of that
C. Whether Austin is ineligible for asylum under INA §§ 208(b)(2)(A)(ii) and
208(b)(2)(B)(i), even assuming that he met all the other requirements for asylum.
WORD LIMIT: 2000 words
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Question Two (25 points)
Read INA § 212(a)(9)(B)(i) [p. 129 of the Statutory Supplement].
A. You are an employee of the Department of Homeland Security. You have been charged with
drafting portions of a manual for immigration officers in the airports and at the borders to use
in making decisions about admissibility of noncitizens. You have been asked to include in
this manual a clearer statement of the meaning of § 212(a)(9)(B)(i) than the statute itself
Re-write § 212(a)(9)(B)(i) in a manner that retains the same meaning as the original text, but
states that meaning in terms that are more easily understood. Keep in mind that the
immigration officers who will be using your manual are not lawyers. Therefore, you should
try to re-write this section of the statute in a way that will be easily understood, and easily
applied, by non-lawyers.
[Note that you only need to re-write § 212(a)(9)(B)(i). For the purposes of this question, you
do not have to address any other section or subsection of the statute.]
B. Now that you have re-written this portion of the statute, provide a brief commentary to
accompany your re-written statute. This commentary should:
(1) explain how 212(a)(9)(B)(i) operates;
(2) illustrate how § 212(a)(9)(B)(i) operates, through the application of this
section of the statute to a concrete example (for instance, by considering the
situation of a noncitizen seeking admission under circumstances that implicate §
(3) explain the public policy purposes of this section of the statute.
WORD LIMIT: 1400 words
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Question 3 (20 points)
Evaluate the following proposed constitutional amendment, and advocate either in favor of it or
in opposition to it. Consider the legal, moral, cultural, and economic dimensions of the issue.
Whatever position you choose, be sure to give careful consideration to the arguments on the
other side. Your answer must be your original thoughts, written in your own words.
Amendment to the Constitution of the United States:
The first sentence of Section 1 of the 14th Amendment to the U.S. Constitution [pp. 913-914 of
the Statutory Supplement]1 shall be deleted and replaced with the following:
No person born after the date of ratification of this amendment to a mother
and father, neither of whom is a citizen of the United States or a legal
permanent resident (LPR), shall be a citizen of the United States or of any
State solely by reason of birth in the United States.
WORD LIMIT: 1200 words
The first sentence of Section 1 of the 14th Amendment currently reads: “All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they
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SECTION II: SHORT ANSWER QUESTIONS (3 points each, 15 points total)
Provide short responses to each of the following questions. You should be able to answer each
question in one or two paragraphs. Remember to write your answers in the bluebooks or on your
typed responses, and not on this page.
1. What is expedited removal, and what is the rationale for its use?
2. Assume it is April 2005. Answer the following questions using the April 2005 Visa Bulletin
that appears on page 254 of the textbook:
a. Ali, a lawful permanent resident of the U.S., wants to sponsor his wife, a citizen of
Angola, for an immigrant visa. How long will his wife have to wait before she can
obtain the immigrant visa, and what category of immigrant visa will it be?
b. Mary, a citizen of China, holds a baccalaureate degree in agricultural engineering.
She has been offered a job by Agrabiz, Inc., a U.S. company. Agrabiz would like to
sponsor Mary for an immigrant visa. Assuming labor certification is granted, how
long will Mary have to wait for an immigrant visa, and what category of immigrant
visa will it be?
3. What is a “mixed status family,” and how, if at all, do you think that the existence of mixed
status families should affect the contemporary debate about immigration? [Remember – you
should only write one to two paragraphs on this question, even though one could obviously
write much more.]
4. What is the “clear statement rule” required for Congress to remove habeas corpus
jurisdiction from the courts, and why has the Supreme Court required it?
5. Why do you think that labor certification is not required for the 1st and 2nd preference
employment-based immigrant visa categories?
END OF EXAM
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