IMMIGRATION LAW SYLLABUS

IMMIGRATION LAW SYLLABUS

PROFESSOR SHAVERS ---FALL 2002

GENERAL:For this course there are 2 required books:

1.The hardbound casebook: : Stephen H. Legomsky, Immigration and Refugee Law & Policy (Foundation Press, 3d ed., 2002).

2. A paperback statutory supplement: Aleinikoff, Martin & Motomura, Immigration and Nationality Laws of the United States (2002 edition).

There will also be supplemental readings posted to TWEN from time to time.

In addition to the assignments that appear in the boxes below, there will be two reading assignments (both from chapter 8) that must be completed by the following times:

(1) By class #16: Read pages 63043.

(2) By class #19: Skim pages 75592 and 82036.

Assignment and Class 1

Tuesday, August 27, 2002

Overview of Immigration Law; Immigration and the Constitution: Sources of the Federal Immigration Power.

Preface; pages 126.

Assignment 2

Limits to the Federal

Immigration Power: The

Foundation Cases.

Page 2628, 3049.

Assignment 3

Limits to the Federal

Immigration Power:

Procedural Due Process

in Exclusion Cases and Substantive Limits in Deportation Cases.

Pages 5058 (including General Notes & Questions on p. 58); item 4 on pp. 5960; pp. 7188.

Assignment 4

Limits to the Federal

Immigration Power: Indefinite Detention.

Pages 10020.

Assignment 5

Immigrant Categories: Historical Background;

Fundamentals about

Quotas and Preferences.

Pages 12347 (except just skim pp. 12436).

Assignment 6

Immigrant Categories:

Family: The Basics;

Spouses (including

marriage fraud).

Pages 147 to bottom of 150; 164 through Problem 8 on p.170; page 172 (starting at long dash) to top of 173; page 175 (starting with long dash) to middle of p.177.

Assignment 7

Immigrant Categories:

Family: Parents,

Children, Siblings.

Pages 17789.

Assignment 8

Immigrant Categories:

EmploymentRelated

Immigration: The First

Three Preferences

(including labor certification).

Pages 18999; 4th full para. on p.200 (Information Industries test); pp. 20108 (except skip references to TelKo case). [Optional and enjoyable reading: pp. 20812.]

Assignment 9

Immigrant Categories:

Fourth and Fifth EmploymentBased Preferences;

Diversity Immigrants; Impact of Immigration: Moral Dimensions.

Bottom of p.231 to p.251 (except omit Problem 18 on page 238).

Assignment 10

Impact of Immigration: Race, Culture, and Language; Politics of Immigration; Immigrants, Selfidentity, and Home.

Pages 25176, 297316.

Assignment 11

Nonimmigrants: General;

Treaty Traders and Investors; Temporary

Workers; Students; Ex

change Visitors; Tourists; Fiancés and Fiancées; Intent to Remain Permanently; Change of Status.

Pages 317 to top of 320; item 2 on p.328; pp. 33031 (introduction to subsection 2); pp. 33340, 35056, bottom of 363 to bottom of 364, 36869 (introduction to § D); 372 to bottom of 379.

Assignment 12

Exclusion Grounds:

Historical Background;

General; Grounds Related

to Immigration Control; Political Grounds.

Pages 380 to middle of 406. (Pages 38294 can be skimmed.)

Assignment 13

Exclusion Grounds:

Criminal; Economic; HealthRelated; Moral.

Pages 40614.

Assignment 14

Admission Procedure:

History; General; Visa

Petitions; Unauthorized

Practice of Law; Visa

Applications.

Pages 415 to bottom of 445, including Simulation Exercise on page 445 (except can skim pages 41521 and omit Notes and Questions on pages 42728).

Assignment 15

Admission Procedure: Actual Admission; Adjustment of Status;

Deportability Grounds: History; Theory of Deportation; Current

Grounds.

Bottom of p.454 to 472.

Assignment 16

Deportability Grounds: Meaning and Significance of "Entry" and "Admission."

Pages 47576, 482 through Problem 6 on p.495. [By this Assignment, you should also have read pages 63043.]

Assignment 17

Deportability Grounds: Entry Without Inspection; Entry While Inadmissible; PostEntry Conduct Related to Immigration Control; CrimeRelated Grounds (begin).

Pages 495 to top of 503 (except omit Problems 1113 on p.498), 508 to bottom of 524.

Assignment 18

Deportability Grounds: CrimeRelated Grounds (continue).

Bottom of p.534 through item 11 on p.556.

Assignment 19

Deportability Grounds:

CrimeRelated Grounds

(finish).

Page 556 (starting with Problems 2224) to top of 560 (including written drafting exercise on p.559). [By this Assignment, you should also have skimmed pages 75592 and 82036.]

Assignment 20

Relief from Deportability: Cancellation of Removal Part A.

Pages 569 to middle of 579.

Assignment 21

Relief from Deportability: Cancellation of Removal Part B.

Middle of p.579 to end of item 11 on p.595; item 5 on p.601 to middle of p.606.

Assignment 22

Relief from Deportability: Registry; Legalization; Adjustment of Status; Private Bills; Deferred Action; Voluntary Departure; Objections to Destination; Stays of Removal; Miscellaneous.

Middle of p.606 to bottom of p.629 (except omit Problem 7 on p.627).

Assignment 23

Deportation Procedure: Independence; Representation; Evidence and Proof (begin).

Page 630 (chapter introduction); item 3 on p.649 to middle of p.659; bottom of p.665 to p.667; p.681 (introduction to § 3); bottom of p.697 through end of item 7 on p.709.

Assignment 24

Deportation Procedure: Evidence and Proof (finish); Judicial Review (begin).

Item 8 on p.709 through Problem 1 on p.712; p.721 through Question on p.737.

Assignment 25

Deportation Procedure: Judicial Review (finish).

Page 737 through Question on p.755.

Assignment 26

Deportation Procedure:

Phase I of Simulated Removal Hearing.

Pages 82036; prepare for hearing.

Assignment 27

Deportation Procedure:

Phase II of Simulated Removal Hearing.

Continue preparation for hearing.

Assignment 28

Deportation Procedure: Exceptions; Refugees: Introduction.

Pages 837 to middle of 852.

Assignment 29

Refugees: Overseas Refugees.

Pages 85271.

Assignment 30

Refugees: Asylum and Withholding: Generally; Meaning of "Persecution."

Pages 87286, 892 through Question on 894.

Assignment 31

Refugees: Race; Religion; Nationality; Political Opinion.

Top of p.894 to middle of p.909.

Assignment 32

Refugees: Social Group: General; Sexual Orientation; Gender (begin).

Page 909 through item 2 on p.930.

Assignment 33

Refugees: Social Group and Gender (finish).

Pages 93055.

Assignment 34

Refugees: NonState Actors; “On Account of.”

Page 955 through item 7 on p.973.

Assignment 35

Refugees: Problems on Substantive Criteria for Asylum and Withholding; Standards of Proof.

Bottom of p.973 through Problem 6 on p.978.

Assignment 36

Refugees: Methods of Proof; Exceptions to Eligibility; Discretion in Asylum Cases.

Pages 978 to middle of 996; pp. 100307.

Assignment 37

Refugees: Asylum Procedure Generally.

Pages 100716; item 8 on p.1025 to bottom of p.1040.

Assignment 38

Convention Against Torture.

Top of p.1061 through Problem 9 on p.1079.

Assignment 39

Undocumented Migrants: Generally; Immigration Offenses; Employer Sanctions.

Page 1109 to bottom of p.1135.

Assignment 40

Undocumented Migrants: Prohibitions on Discrimination; Public Benefits and Proposition 187.

Pages 113547, 116368 (except omit item 8 on p.1166).

Assignment 41

Citizenship: Significance of Citizenship; Welfare Reform; Acquiring Citizenship (Jus Soli).

Pages 116979; item 8 on p.1190 to p.1195.

Assignment 42

Citizenship: Acquiring Citizenship (Jus Sanguinis, Naturalization); Losing Citizenship (Introduction to Denaturalization and Expatriation).

Page 1195 through Problem 3 on p.1199; pp. 120210, 121523, 123840; bottom of p.1258 to 1261.

Assignment and Class 1 Tuesday, August 27, 2002	Overview of Immigration Law; Immigration and the Constitution: Sources of the Federal Immigration Power.	Preface; pages 126.
Assignment 2	Limits to the Federal Immigration Power: The Foundation Cases.	Page 2628, 3049.
Assignment 3	Limits to the Federal Immigration Power: Procedural Due Process in Exclusion Cases and Substantive Limits in Deportation Cases.	Pages 5058 (including General Notes & Questions on p. 58); item 4 on pp. 5960; pp. 7188.
Assignment 4	Limits to the Federal Immigration Power: Indefinite Detention.	Pages 10020.
Assignment 5	Immigrant Categories: Historical Background; Fundamentals about Quotas and Preferences.	Pages 12347 (except just skim pp. 12436).
Assignment 6	Immigrant Categories: Family: The Basics; Spouses (including marriage fraud).	Pages 147 to bottom of 150; 164 through Problem 8 on p.170; page 172 (starting at long dash) to top of 173; page 175 (starting with long dash) to middle of p.177.
Assignment 7	Immigrant Categories: Family: Parents, Children, Siblings.	Pages 17789.
Assignment 8	Immigrant Categories: EmploymentRelated Immigration: The First Three Preferences (including labor certification).	Pages 18999; 4th full para. on p.200 (Information Industries test); pp. 20108 (except skip references to TelKo case). [Optional and enjoyable reading: pp. 20812.]
Assignment 9	Immigrant Categories: Fourth and Fifth EmploymentBased Preferences; Diversity Immigrants; Impact of Immigration: Moral Dimensions.	Bottom of p.231 to p.251 (except omit Problem 18 on page 238).
Assignment 10	Impact of Immigration: Race, Culture, and Language; Politics of Immigration; Immigrants, Selfidentity, and Home.	Pages 25176, 297316.
Assignment 11	Nonimmigrants: General; Treaty Traders and Investors; Temporary Workers; Students; Ex change Visitors; Tourists; Fiancés and Fiancées; Intent to Remain Permanently; Change of Status.	Pages 317 to top of 320; item 2 on p.328; pp. 33031 (introduction to subsection 2); pp. 33340, 35056, bottom of 363 to bottom of 364, 36869 (introduction to § D); 372 to bottom of 379.
Assignment 12	Exclusion Grounds: Historical Background; General; Grounds Related to Immigration Control; Political Grounds.	Pages 380 to middle of 406. (Pages 38294 can be skimmed.)
Assignment 13	Exclusion Grounds: Criminal; Economic; HealthRelated; Moral.	Pages 40614.
Assignment 14	Admission Procedure: History; General; Visa Petitions; Unauthorized Practice of Law; Visa Applications.	Pages 415 to bottom of 445, including Simulation Exercise on page 445 (except can skim pages 41521 and omit Notes and Questions on pages 42728).
Assignment 15	Admission Procedure: Actual Admission; Adjustment of Status; Deportability Grounds: History; Theory of Deportation; Current Grounds.	Bottom of p.454 to 472.
Assignment 16	Deportability Grounds: Meaning and Significance of "Entry" and "Admission."	Pages 47576, 482 through Problem 6 on p.495. [By this Assignment, you should also have read pages 63043.]
Assignment 17	Deportability Grounds: Entry Without Inspection; Entry While Inadmissible; PostEntry Conduct Related to Immigration Control; CrimeRelated Grounds (begin).	Pages 495 to top of 503 (except omit Problems 1113 on p.498), 508 to bottom of 524.
Assignment 18	Deportability Grounds: CrimeRelated Grounds (continue).	Bottom of p.534 through item 11 on p.556.
Assignment 19	Deportability Grounds: CrimeRelated Grounds (finish).	Page 556 (starting with Problems 2224) to top of 560 (including written drafting exercise on p.559). [By this Assignment, you should also have skimmed pages 75592 and 82036.]
Assignment 20	Relief from Deportability: Cancellation of Removal Part A.	Pages 569 to middle of 579.
Assignment 21	Relief from Deportability: Cancellation of Removal Part B.	Middle of p.579 to end of item 11 on p.595; item 5 on p.601 to middle of p.606.
Assignment 22	Relief from Deportability: Registry; Legalization; Adjustment of Status; Private Bills; Deferred Action; Voluntary Departure; Objections to Destination; Stays of Removal; Miscellaneous.	Middle of p.606 to bottom of p.629 (except omit Problem 7 on p.627).
Assignment 23	Deportation Procedure: Independence; Representation; Evidence and Proof (begin).	Page 630 (chapter introduction); item 3 on p.649 to middle of p.659; bottom of p.665 to p.667; p.681 (introduction to § 3); bottom of p.697 through end of item 7 on p.709.
Assignment 24	Deportation Procedure: Evidence and Proof (finish); Judicial Review (begin).	Item 8 on p.709 through Problem 1 on p.712; p.721 through Question on p.737.
Assignment 25	Deportation Procedure: Judicial Review (finish).	Page 737 through Question on p.755.
Assignment 26	Deportation Procedure: Phase I of Simulated Removal Hearing.	Pages 82036; prepare for hearing.
Assignment 27	Deportation Procedure: Phase II of Simulated Removal Hearing.	Continue preparation for hearing.
Assignment 28	Deportation Procedure: Exceptions; Refugees: Introduction.	Pages 837 to middle of 852.
Assignment 29	Refugees: Overseas Refugees.	Pages 85271.
Assignment 30	Refugees: Asylum and Withholding: Generally; Meaning of "Persecution."	Pages 87286, 892 through Question on 894.
Assignment 31	Refugees: Race; Religion; Nationality; Political Opinion.	Top of p.894 to middle of p.909.
Assignment 32	Refugees: Social Group: General; Sexual Orientation; Gender (begin).	Page 909 through item 2 on p.930.
Assignment 33	Refugees: Social Group and Gender (finish).	Pages 93055.
Assignment 34	Refugees: NonState Actors; “On Account of.”	Page 955 through item 7 on p.973.
Assignment 35	Refugees: Problems on Substantive Criteria for Asylum and Withholding; Standards of Proof.	Bottom of p.973 through Problem 6 on p.978.
Assignment 36	Refugees: Methods of Proof; Exceptions to Eligibility; Discretion in Asylum Cases.	Pages 978 to middle of 996; pp. 100307.
Assignment 37	Refugees: Asylum Procedure Generally.	Pages 100716; item 8 on p.1025 to bottom of p.1040.
Assignment 38	Convention Against Torture.	Top of p.1061 through Problem 9 on p.1079.
Assignment 39	Undocumented Migrants: Generally; Immigration Offenses; Employer Sanctions.	Page 1109 to bottom of p.1135.
Assignment 40	Undocumented Migrants: Prohibitions on Discrimination; Public Benefits and Proposition 187.	Pages 113547, 116368 (except omit item 8 on p.1166).
Assignment 41	Citizenship: Significance of Citizenship; Welfare Reform; Acquiring Citizenship (Jus Soli).	Pages 116979; item 8 on p.1190 to p.1195.
Assignment 42	Citizenship: Acquiring Citizenship (Jus Sanguinis, Naturalization); Losing Citizenship (Introduction to Denaturalization and Expatriation).	Page 1195 through Problem 3 on p.1199; pp. 120210, 121523, 123840; bottom of p.1258 to 1261.