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CLASS SYLLABUS I. PROFESSOR CONTACT INFORMATION Email address: [email protected] Office Telephone: (909) 235-7830 Office Fax: (909) 614-7743 II. CLASS TIME AND PLACE Meeting Days: Wednesday Meeting Time: 6:30PM-9:30PM Location/Room: III. OFFICE HOURS Please e-mail me as far in advance as possible, so I can arrange for space to meet. IV. COURSE DESCRIPTION A survey of immigration law and procedure, with emphasis on exclusion and deportation proceedings, judicial review, nationality, and citizenship. 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 U visas); Citizenship and naturalization V. GRADING Midterm Exam You will also have one midterm exam consisting of all multiple-choice questions. See Calendar Below for Date of Exam. IMMIGRATION LAW Professor Cinthia I. Rivera University of La Verne College of Law Fall 2018 3 Units

IMMIGRATION LAW - College of Law · 2. A paperback statutory supplement: Aleinkoff, Martin & Motomura, Immigration and Nationality Laws of the United States (Thompson West, 2016)

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Page 1: IMMIGRATION LAW - College of Law · 2. A paperback statutory supplement: Aleinkoff, Martin & Motomura, Immigration and Nationality Laws of the United States (Thompson West, 2016)

CLASS SYLLABUS

I. PROFESSOR CONTACT INFORMATION

Email address: [email protected]

Office Telephone: (909) 235-7830

Office Fax: (909) 614-7743

II. CLASS TIME AND PLACE

Meeting Days: Wednesday

Meeting Time: 6:30PM-9:30PM

Location/Room:

III. OFFICE HOURS

Please e-mail me as far in advance as possible, so I can arrange for space to meet.

IV. COURSE DESCRIPTION

A survey of immigration law and procedure, with emphasis on exclusion and deportation

proceedings, judicial review, nationality, and citizenship.

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 U visas);

• Citizenship and naturalization

V. GRADING

Midterm Exam

You will also have one midterm exam consisting of all multiple-choice questions. See Calendar

Below for Date of Exam.

IMMIGRATION LAW

Professor Cinthia I. Rivera

University of La Verne College of Law

Fall 2018

3 Units

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Final Exam

You will also have one final exam. The final exam is a closed book examination. Everything

covered in class and all readings, whether or not discussed in class, may be tested on the exams.

You will be provided with any statutes/regulations necessary for your exam. You may NOT use

your outline. You may NOT use your textbooks.

Class Participation

5% of your grade will be based on your class participation. I expect all students to be prepared to

discuss the material.

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Your grade will be calculated based on the following:

Midterm: 15%

Class Participation: 5%

Final Exam: 80%

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.

VI. REQUIRED AND SUGGESTED MATERIALS

TWEN: Please make sure that you register on the Immigration Law TWEN page with an e-mail

address that you check regularly. I will communicate primarily through TWEN. It is your

responsibility to ensure that you use a reliable email so that you can remain up to date.

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

Supplemental Handouts (Required)

I will make various supplemental handouts available to you on TWEN. These are required readings.

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VII. COURSE OBJECTIVES AND COURSE-SPECIFIC LEARNING OUTCOMES

ABA Standard 310

This course is designed to satisfy the requirements of ABA Standard 310. Standard 310 requires that for

each hour of in-class time, students spend two hours preparing for class (reading or completing class

assignments or assessments).

Course Objectives

This course will cover a summary of current immigration law and procedure. The objective is to

provide the student with a solid understanding of immigration law basics. This includes: history

and development of immigration law; immigrant priorities; nonimmigrant visas; enforcement;

removal procedure in immigration court; grounds of inadmissibility and deportability; admission

procedure; relief from removal; asylum law; and citizenship.

Course Specific Learning Outcomes

Upon successful completion of this course, students should be able to achieve the following

objectives:

1. Analyze factual scenarios to identify immediate immigration issues; evaluate the factual

scenarios and analyze them to determine the applicable immigration laws; be able to

identify any forms of relief; be able to identify when a person is eligible for admission.

Students should be able to conduct a step-by-step analysis and reach 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.

VIII. DISABILITY ACCOMMODATIONS STATEMENT

Students with disabilities should refer to the policies described at the University of La Verne Disabled

Student Services Handbook [as of September 13, 2017 located at https://sites.laverne.edu/disabled-

student-services/disabled-student-services-handbook/, which can be found on the website of the

University of La Verne Disabled Student Services website (https://sites.laverne.edu/disabled-student-

services/disabled-student-services-handbook/) or at their office. Temporary accommodations are offered

on a case by case basis. All required documentation must be submitted by the student before any formal

accommodations and should be made directly to the Director of Student Affairs.

Any student eligible for and requesting academic accommodations due to a documented disability (or a

suspected disability) is asked to contact the College of Law Director of Student Affairs and Americans

with Disability Act Compliance Officer, Akita Mungaray by email at [email protected] or by phone

at (909) 460-2017. Her office is located on the first floor of the College of Law, Office # 107. You can

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also contact Cynthia Denne at the University of La Verne Disabled Student Services office at (909) 448-

4441. The office is located at the La Verne campus Health Center. In order to be considered for

accommodations, disabilities must be documented, and the proper medical evaluations must be submitted.

The office is here to help you succeed in law school. Visit it online at https://sites.laverne.edu/disabled-

student-services/.

IX. COURSE-SPECIFIC POLICIES

Laptops -Laptops are allowed for this course. However, 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.

Cell Phone Use - During class time turn off cell phones, end conversations with your neighbors

Tape Recording - You may not tape record classes unless exigent circumstances exist, and you

receive permission before each class.

Talking/Distractions - 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.

In-Class Decorum - 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, 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.

Participation - Class participation is required. Class participation includes completion of reading

assignments, on-time class attendance, and thoughtful contributions to classroom discussions. 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.

PowerPoint – I will use PowerPoint to guide us through the lecture. However, I will NOT make

the PowerPoint presentations available to students. Students are responsible for taking notes and

developing their own outline for the course.

X. ATTENDANCE, CANCELLED CLASSES/MAKE-UP CLASSES

Attendance is mandatory. There are no “excused” absences. Any problems or issues that a student

has regarding missed classes are to be handled through either the Registrar’s office or by the

Associate Dean’s Office.

This course is scheduled for 14 class sessions, not including your final examination. Therefore, if

you miss more than 20% of your classes, you will be administratively dropped from the class.

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If you arrive late or leave early I’m required to mark you as absent. Therefore, punctual attendance

is crucial and mandatory.

Cancelled Class – I will make every effort not to cancel a class session. However, the lecture may

be recorded and made available to you in lieu of cancelling the session. If this occurs I will make

an announcement in advance. If a class is cancelled, you are still responsible for completing the

assigned reading due for that day.

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XI. 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.

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Date Topic/Chapter Casebook

Reading

Statutes To Be

Covered

Handouts (TWEN)

08/22 Overview &

Intro

Chapter. 1

Chapter. 2

Pgs. 1-21

Pgs. 77-82

Pgs. 97-106

(excluding Notes

& Questions)

Pgs. 109-117

(excluding

Questions)

08/29 Chapter. 2

(Continued)

Pgs. 118-122

Fong Yue Ting .

U.S. (excluding

dissenting

opinion)

Pgs. 136-137

Modern Developments

Pgs. 186-192

Zadvydas v. Davis (excluding

dissenting opinions)

Jennings v. Sessions

09/05 Chapter 3.

Family

Pgs. 257-262

(excluding

Problem 1)

Pgs. 263-265

(excluding

Problem 2)

Pgs. 269-275

Pgs. 286-288

Matter of

Zeleniak

(excluding Notes

and Questions)

Pgs. 291-295

(exclude

Problems)

Pg. 300 Other

Family Members

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”

Go to https://travel.state.gov/content/travel/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.

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09/12 Chapter 3.

Employment-

Based

Chapter 4.

Pgs. 411-413

Pgs. 414-415

(exclude Moss v.

INS)

Pgs. 419-421

(Top)

INA § 203(b)(1)-

(4)

09/19 Chapter 5. Pgs. 435-437

Immigration

& Nationality

Act of June

27, 1952

Pgs. 444-445

(excluding

Matter of

Arrabally)

Pgs. 472-474

(excluding

Problems)

INA §

212(a)(2)(A)-

(B)

INA §

212(a)(6)(A)(i)

INA §

212(a)(9)(A)(i)-

(iii)

INA §

212(a)(9)(B)(i)-

(v)

INA §

212(a)(9)(C)(i)-

(iii)

-Grounds of Inadmissibility Summary

-Unlawful Presence Chart

09/26 Chapter 6. Pgs. 487-489

Pgs. 490

(bottom) -493

Pgs. 498-502

Visa

Applications

Pgs. 525-528

Adjustment of

Status

Pg. 528 Note

1

INA § 245(a)

INA § 245(i)

-Application Process for Permanent

Residence

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10/03 Chapter 7. Pgs. 538-542

(excluding Notes

and Questions)

Pgs. 545-550

Pg. 555-556

Note 11-12

Pg. 557- Note 15

Pgs. 559-560

INA §101(a)(13)

INA §275

INA§237(a)(1)(A)

10/10 Chapter 8. Pgs. 625-631

Pgs. 633-636

(top)

Pgs. 636-643

(begin at ii

Hardship)

Pgs. 662-665

Pgs. 672-673

Stays of Removal

INA §240A

INA §240B

-Cancellation and Suspension

10/17 Chapter 9. Pgs. 677-685

Pgs. 715-717

(excluding Notes

and Questions)

INA §239 -Pereira v. Sessions

10/24 Chapter 9.

(Continued)

Pgs. 719-720

Pgs. 739-742

(exclude dissent)

Pgs. 745-746

Note 8-9 (do not

answer the

questions)

Pgs. 747-748

Notes 10-11

Pgs. 814-815 In

Absentia

Removal

Hearings

INA

§240(c)(3)(A)

INA §291

-Basic Flow of Court Removal

Proceedings

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10/26 ONLINE

MIDTERM

EXAM

10/31 Chapter 11. Pgs. 943-945-

(exclude dissent)

Pgs. 957-960

Notes 1, 2, 4, 6

Pgs. 961-971

Pgs. 1032-1033

Well-Founded

fear

INA § 101(a)(42)

INA § 208

-Matter of Acosta

11/07 Chapter 11.

(continued)

Pgs. 1071-1072

Filing Deadlines

INA §101(a)(U)

INA

§204(a)(1)(A)-(B)

INA §

101(a)(27)(J)

- Immigration Relief for Vulnerable

Populations

11/14 Chapter 13. Pgs. 1261-1267

Pgs. 1270-

1272

Pgs. 1290-1291

Pgs. 1292-

1295 (3. Dual

nationality NOT 4.

Statelessnes

s)

Pgs. 1311 (B.

Losing

Citizenship only)

INA § 301; INA § 308;

INA §309; INA § 312;

INA § 316; INA § 320;

INA § 322

-Citizenship for Children (clinic.org webinar slides)

-Sessions v. Morales-Santana -Sessions v. Morales-Santana Article

11/28 FINAL EXAM

REVIEW

FINAL

EXAM

DATE

TBD

University of La Verne Mission and Values

It is the mission of the University of La Verne to provide opportunities for students to achieve their

educational goals and become contributing citizens to the global community.

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The University of La Verne shares four core values that promote a positive and rewarding life for its

students through fostering a genuine appreciation and respect for:

1. Values Orientation. The University affirms a philosophy of life that actively supports peace

with justice, the health of the planet and its people. Therefore, in light of this affirmation, it

encourages students to become reflective about personal, professional, and societal values. It

also encourages values-based ethical behavior.

2. Community and Diversity. The University promotes the goal of community within a context

of diversity. Therefore, it encourages students to understand and appreciate the diversity of

cultures that exists locally, nationally, and internationally. It also seeks to promote

appreciation and preservation of biodiversity by helping students understand the

impact/dependence of human beings on their environment.

3. Lifelong Learning. The University commits itself to promoting education that facilitates

lifelong learning. Therefore, it teaches students how to learn, to think critically, to do

constructive research, and to access and integrate information in order to prepare them for

continued personal and career growth.

4. Community Service. The University believes that personal service is a primary goal of the

educated person. Therefore, it encourages students to experience the responsibilities and

rewards of serving the human and ecological community.

University of La Verne College of Law Vision, Mission, and Values

VISION

La Verne Law is an incubator for innovation in legal education, thought, and advocacy for individuals

passionate about serving their communities and promoting access and justice.

MISSION

The mission of La Verne Law is to guide our students in the discovery of law and self as they prepare for

the practice of law or other professional careers. Our faculty of scholars and teachers is committed to

creating an innovative, collaborative learning environment designed to develop the knowledge and skills

relevant to achieving individual and professional success.

Our mission encompasses educating, as well as enhancing the professional lives of, the members of the

local, regional, national, and international communities we encounter – students, faculty, staff,

administrators, alumni, members of the bench and bar, and others who pursue social justice.

Our mission is grounded in the core values of the University of La Verne – life-long learning, ethical

reasoning and decision-making, diversity & inclusivity, and community & civic engagement.

Difference-making is our legacy.

CORE VALUES

University Values: As a College within the University of La Verne we adopt and endorse the University

core values of Lifelong Learning, Diversity and Inclusivity, Community Engagement, and Ethical

Reasoning.

College of Law Core Principles and Values: As an institution dedicated to teaching and training the

next generation of lawyers and leaders, we operate institutionally and individually on the principles of

professionalism, innovation, ethics, student centeredness and community enhancement. In our actions

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and interactions, we are and seek to be affirming, respectful, humble, accountable, committed, inclusive,

empathetic, responsive, passionate, and positive.

University of La Verne College of Law Program Objectives

A. Upon completion of the program of legal education, students will possess the skills and

knowledge to enable them to pass any bar examination of their choosing.

B. Upon completion of the program of legal education, students will possess those skills to

participate as respected members of the legal profession.

C. Upon completion of the program of legal education, students will model ethical, responsible, and

professional behavior.

D. Upon completion of the program of legal education, students will embrace cultural differences

and civic and community engagement.

American Bar Association Standard 302: LEARNING OUTCOMES

A law school shall establish learning outcomes that shall, at a minimum, include competency in the

following:

(a) Knowledge and understanding of substantive and procedural law;

(b) Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in

the legal context;

(c) Exercise of proper professional and ethical responsibilities to clients and the legal system; and

(d) Other professional skills needed for competent and ethical participation as a member of the legal

profession.

In compliance with ABA Standard 302, the University of La Verne College of Law has established the

following.

University of La Verne College of Law Program Learning Outcomes

1. Students shall demonstrate knowledge and understanding of substantive and procedural law.

2. Students shall demonstrate competence in legal analysis and reasoning.

3. Students shall demonstrate competence in conducting legal research.

4. Students shall demonstrate competence in problem-solving.

5. Students shall demonstrate competence in written and oral communication.

6. Students shall be able and motivated to exercise proper professional and ethical responsibilities to

clients, the legal system, and the wider community.

7. Students shall demonstrate competent litigation skills.

8. Students shall demonstrate competent transactional skills.

9. Students shall apply cultural competency while exercising their legal skills.