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: crivera@vegarivera.com

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