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: [email protected]
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. Casebook: Legomsky, Immigration and Refugee Law and Policy (Foundation Press, 6th
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.
IMMIGRATION LAW
Professor Cinthia I. Rivera
University of La Verne College of Law
Summer 2018
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
Ch. 1: The
Immigration
Debate: Goals,
Strategies, and
Impact
Ch. 2: Immigration
and the
Constitution: Sources
of the Federal
Immigration Power,
Limits to the Federal
Immigration Power;
Plenary Power; and
Federalism
Statutory Supplement:
101(a)(3)(10);101(a)(16)-101(a)(18);
101(a)(20)-21; 101(a)(33);
Casebook
pp. 1-21 (not the figures chart);
The Politics of Immigration pp.
77-82
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)
2
Th June 7
Ch. 2: continuation…
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
Casebook
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
Casebook
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 5th
paragraph)
Petitions for Review pp.
766-767 (through the end
of the 3rd; 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
Casebook
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/family-
immigration/family-based-
immigrant-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
Casebook
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)
pp. 500-502
Adjustment of Status pp. 525-528
(do not read “Notes and
Questions”)
Suggested Order of
Reading: Start with
the link to the
travel.state.gov. Next,
read the Casebook.
Then, read the CSPA
Practice Advisory.
Last, read the
statutory supplement
7
T June
26
Ch. 4 Non-Immigrant
Priorities
TWEN
-B1/B2 Visas
-Nonimmigrant Visa
Alphabet Soup
Casebook
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)
TWEN
PROBLEM 2 pp. 443
PROBLEM 3 pp. 443
-Grounds of
Inadmissibility
Summary
-Unlawful Presence
Chart
-Unlawful Presence
Practice Advisory
Casebook
Immigration &
Nationality Act of June
27, 1952 pp. 435-437
pp. 440-442 (begin at
3rd paragraph on 440)
pp. 443-445 (begin on
last paragraph after
Problem 5)
Fri
June
29
ONLINE
MIDTERM EXAM
9
T July
3
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 Casebook. Next, read the
TWEN handout. Last, read the
statutory supplement
Casebook
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
Statutory Supplement:
INA § 101(a)(42)
INA § 207; INA § 208;
INA 209(a)-(c)
INA § 212(d)(5)(B)
Casebook
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
11
T July 10
Ch. 11 continuation…
TWEN:
-Matter of W-G-R
Casebook
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
Casebook
Vulnerable Children pp.
1156-1162 (skip Asylum)
T & U Visas pp. 1164-
1165
13
T July 17
Ch. 13: Citizenship 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
Casebook
pp. 1261-1267
pp. 1270-1272
pp. 1290-1291
pp. 1292-1295 (3.
Dual nationality
NOT 4.
Statelessness)
pp. 1311 (B. Losing
Citizenship only)
14
Th July
19
Final Exam Review
15
T July 24
Final Exam Review?
Final
Exam
Date
TBD