Immigration Law Syllabus Fall 2016 Khan

SYLLABUS Immigration, Nationality, and Refugee Law (2 Credits) Fall 2016 I COURSE NUMBER AND TITLE: Semester & Year: Course Start and End Dates: Course CRN & Section: Meeting Days and Times: Final Exam Date: Building and Room: II INSTRUCTOR: Name: Email: Phone: Office Hours: Law 0723 Fall 2016 8/22/2016 - 12/11/2016 20654 W- 6:00 p.m.-8:00 p.m 12/7/2016 LAWSC LECTR Professor Shahabudeen Khan khans@nsu.law.nova.edu 954-262-6323; office number 272 5:00 p.m to 6:00 p.m on Wednesdays; and by appointment during the other days of the week I am also available through email and the course’s TWEN page III COURSE DESCRIPTION: This course examines the key issues, policies, and regulations governing the entrance of persons into the United States, including status, classification, preferences, asylum, and review Recommended: Constitutional Law I and Administrative Law IV LEARNING OUTCOMES: Demonstrate a knowledge of substantive legal doctrine fundamental to this course (e.g., case law, legal concepts, legal principles, regulations and statutes) Identify legal issues and apply legal reasoning and analysis to solve problems in a logical and structured manner to issues covered in this course Communicate orally or in writing, or both, the legal reasoning and analysis regarding issues covered in this course of V REQUIRED TEXTS AND MATERIALS: The following two (2) books are required for this course Title: Author: Publisher: Edition: ISBN-13: Immigration and Nationality Laws of the United States: Selected Statutes, Regulations and Forms T Alexander Aleinikoff West Academic Publishing 14th Edition 9780314288202 Title: Author: Publisher: Edition: ISBN-13: Immigration and Refugee Law Policy Legomsky West Academic Publishing 6th Edition 9781609304249 VI COURSE REQUIREMENTS AND POLICIES: Immigration and nationality law has played an important historical role in defining our national identity and continues to strongly influence who we are as a nation Many would argue that now more than ever, this body of law has a dramatic impact not only on our national identity but how the United States is viewed within the global community Over the last decade, there have been tremendous changes in immigration law and policy The abolition in 2003 of the Immigration and Naturalization Service, and creation of the Department of Homeland Security’s Bureaus of Citizenship and Immigration Service, Immigration and Customs Enforcement, and Customs and Border Protection agencies are a significant departure from previous immigration policy The government’s response to the events of September 11th has been marked by a major tightening of our borders and of the legal requirements for admission, asylum, residency and citizenship In this course, we will consider the history, development, and statutory structure of immigration law in our examination of cases and statutes We will also consider constitutional law as it is woven into the cases and reflected in immigration rules and regulations Additional course requirements include, but are not limited to the following: Course Goals This course is intended to provide students with: i) a thorough understanding of immigration law, process, and procedure; ii) the ability to identify and analyze practical immigration issues; iii) an understanding of how immigration law and policy are shaped in the context of social, political, and legal influences; iv) the ability to understand the intersection of immigration issues and constitutional law; v) an in-depth examination of the statutory and regulatory framework of immigration law; vi) an examination of strategies and options available to lawyers called upon to counsel or represent immigration clients; and vii) enhanced reasoning and problem solving skills in the context of immigration law of Class Notes & Outlines Students are expected to take sufficient class notes to provide a foundation for creating an outline of the course I offer suggestions (infra) about matters that routinely occur in class you should consider noting You are responsible, however, for maintaining notes that will allow you to make a comprehensive outline Class Participation All students are expected to attend class and contribute to the class discussion I will call upon students randomly in order to move the learning process along To be prepared for each class, you must have studied (not merely have read) the day’s assignment sufficiently to be prepared to engage in a thoughtful discussion of the issues it poses To that, you must: 1) read and analyze the assigned problems; and 2) read and brief the cases Please note, if I call on you and you are not prepared, it may result in your final course grade being lowered To foster an interesting and engaging group dynamic, I encourage responsible volunteers who add value to our discussion In the same vein, I encourage you to ask questions in class If, because of time constraints, I cannot answer your questions during class, please feel free to meet with me after our session or at any other time that is mutually convenient Drop by my office or email me for an appointment Skills Exercises and Experiential Learning At the beginning of the semester, each student will be assigned to a group The class will be divided into five (5) groups We will complete five of the most common immigration petitions from beginning to end, one (1) per group Each group will be required to the following at various stages of the semester: i) interview the client; ii) determine, prepare and complete the appropriate immigration petitions and forms; iii) present your case before the immigration law judge; and iv) prepare and argue any necessary appeals I will provide additional information in class Depending on the work product of each group, each group or individual members of the groups, may receive a ½ letter grade bump Class Attendance Regular attendance is required in all courses This course follows the attendance policies detailed in the Code of Academic Regulations available at: https://intranet.law.nova.edu/intranet/students/studentservices/documents/Code%20of%20Academic %20Regulations%20June%2028,%202016%20for%20posting.pdf The maximum number of absences allowed before a student receives an F for excessive absences in this course is two (2) Students will be required to sign an attendance sheet in each class TWEN Each of you will have access to this course in an online format through TWEN To create additional opportunities to ask questions or address ambiguities, from time to time, I will post questions or problems on TWEN These added discussions online are not required and attendance will not be taken I invite you to drop in on these informal discussions The great advantage of this format is that you can be anywhere that you have access to the Internet (so long as the ambient noise doesn’t interfere with our online conversation!) Be sure you know how to log onto TWEN by your second class i) Application for U.S Citizenship through naturalization; ii) application for U.S Citizenship through parents; iii) application for permanent resident (Green Card) based on a family petition; iv) application for permanent residence (Green Card) based on a job or employment petition; and v) application for permanent resident (Green Card) based on a refugee or asylum petition of Multiple Choice Quizzes To provide you somewhat regular feedback on how you are doing and to give me a sense of the progress of the class as a whole, several mandatory multiple choice quizzes will be given I will notify you in class the day of the MC quiz In the same vein, several times during the term I will assign a short factual problem that must be answered applying the IRAC method We will review the problem in the next class The results of the MC quizzes and short answer problems will not count for or against your final grade in the course (however, failure to complete any of the assignments will result in negative points) They are designed to let you know if you are keeping pace with the subject matter, if you understand the rules we have discussed, and if you are able to apply the law in a specific fact situation Computers and Electronic Equipment in Class I encourage you to bring your computer to classes and to use it responsibly On occasion, for example, I will ask you to log onto Lexis or Westlaw and find and read a case on which I have based a hypothetical problem There are, of course, inappropriate uses of a laptop (or a “smart” phone) in class: instant messaging, recording the lecture, e-mailing, surfing the Internet, playing games, working on matters that are beyond the material under discussion or review, are some of the many examples of unacceptable behavior Any member of the class engaging in such computer misconduct will be directed to leave the class and will be marked absent Please note, your grade may be lowered based on repeated violations of basic classroom computer etiquette Please note, no student is allowed to video or audio record my lectures, or take pictures of my class notes or slides without the express permission from me Honor Codes Note that all provisions of the NSU Honor Code, the Code of Academic Regulations, the Student Conduct Code and any other NSU Code governing student conduct and responsibilities, apply to this course Please read them and understand the key provisions that apply to you If you have any doubt about the meaning or application of any provision of the various Codes, seek assistance Out of an abundance of caution, I want to emphasize that the following actions are among those that are Honor Code violations: Placing another student’s name on the Attendance Sheet; Directing another student to place your name on the Attendance Sheet; and Failing to acknowledge your presence when you are called on in class 10 Miscellaneous Requirements and Policies Professional Conduct You should behave professionally by treating all members of the class with dignity and respect even when and especially when you disagree Separate ideas from the people who give them voice; question the idea but respect the person Students with Disabilities If you believe you may have a disability for which an accommodation is needed, you should contact the Office of Student Services Questions There are no stupid questions until the examination begins If you have a question that class discussion has not answered, ask it If you think I have misspoken, raise your hand We all misspeak sometimes If you think I of have misspoken, please ask for clarification as soon as possible either during or after class VII UNIVERSITY-WIDE POLICY STATEMENTS: Students should visit www.fcas.nova.edu/about/policies.cfm to access additional required college-wide policies and visit https://intranet.law.nova.edu/intranet/students/studentservices/documents/Code%20of%20Academic %20Regulations%20June%2028,%202016%20for%20posting.pdf for policies specific to the College of Law It is your responsibility to access and carefully read these policies to ensure you are fully informed As a student in this class, you are obligated to follow these policies in addition to the policies established by me The following policies are described on these websites:  Academic misconduct  Last day to withdraw  Email policy  Student course evaluations  Student responsibility to register  Student responsibility for course prerequisites  Class Preparation  Graduation Requirements, etc Additional Academic Resources: Nova Southeastern University offers a variety of resources that may aid in student success Among these resources is: Accommodations for students with documented disabilities For more information about ADA policy, services, and procedures, students may call the Office of Student Disability Services at 954-262-7185 or visit http://www.nova.edu/disabilityservices VIII GRADING CRITERIA: Your final grade in this course is based on a combination of a mid-term exam and a final examination The midterm examination will be a 2-hour open book exam done during a regular class session The mid-term examination is worth 20% of your final grade The final examination for this course will be a 2-hour open book3 exam The final examination is worth 70% of your final grade Questions may cover: 1) any assigned material, even if it was not discussed in class, (2) any material discussed in class, even if it was not covered in any reading assignment; 3) any material covered on TWEN The exams may include essay questions, shortanswer questions, multiple-choice questions, or any combination of the above The mid-term exam will be “open statute book” meaning that you may use this course’s required statute book (including any handwritten notes you wish to make in it) during the exam No other version of the statute may be used You may not add additional pages or papers or sticky papers to the statute book or use any other materials during the exam Violation of this policy will result in an honor code complaint being filed against you The final exam will be “open statute book” meaning that you may use this course’s required statute book (including any hand-written notes you wish to make in it) during the exam No other version of the statute may be used You may not add additional pages or papers or sticky papers to the statute book or use any other materials during the exam Violation of this policy will result in an honor code complaint being filed against you of Final Course Grade: Your final grade is determined by your performance on a number of different tasks: Mid-Term Examination Final Examination Attendance and Participation Points TOTAL 20% 70% 10% 100% Grading Scale: The College of Law uses the following grading system: A AB+ B BC+ C CD+ D DF (or WF) AU I P W 4.00 3.75 3.50 3.00 2.75 2.50 2.00 1.75 1.50 1.00 0.75 0.00 Audit; no credit or effect on average Incomplete Pass; no effect on average Withdrawal IX COURSE SCHEDULE AND TOPIC OUTLINE: The reading assignments that follow may be adjusted by me in accordance with the needs of the class If I fall behind, just keep reading, we will catch up Date Class #/Topic Pages Problems5 (casebook) All assigned readings and case briefs must be completed before the class, not during or after the class Assigned problems, like assigned cases, require preparation in advance of class to develop a reasoned analysis It is not necessary to research the cited decisions or references The goal is to explore your ability to analyze a different fact pattern and apply the rules and principles we have and are studying It is unlikely, however, that all assigned problems will be discussed in class On the other hand, problems not assigned in advance may be the subject of class discussion You are not required to provide a written response to the problems of 8/24 Overview of United States 1-83 Immigration Law; The Immigration Debate: Goals Strategies and Impact None Group Assignments6 8/31 Immigration and the Constitution 97-154; 236249 None 9/7 Immigrant Priorities 257-354 on page 262; 3-4 on pages 276-77; 12-15 on page 306 Interview the client 9/14 Nonimmigrant Priorities 359-424 4-5 on page 395; 8-9 on pages 410-11 9/21 Exclusion Grounds and Waivers 438-480 9-12 on pages 474-75 Determine, prepare and complete the appropriate immigration petitions and forms 9/28 Admission Procedure 487-530 1-3 on pages 497-98; 4-7 on pages 529-30 10/5 Deportability Grounds 531-624 1-3 on page 544; 7-13 on pages 561-62; 18-22 on pages 617-18 10/12 No Class: Yom Kippur No Class No Class 10/19 Mid-Term Exam In class In class 10/26 Relief from Deportability 625-673 1-3 on pages 632; on page 636; on page 672 677-704; 739-76 None Present your case before the immigration law judge 11/2 10 Deportation Procedure To be done by Prof Khan of 11/9 11 Enforcement 819-855 1-5 on page 855 Prepare and argue any necessary appeals 11/16 12 Refugees & Undocumented Immigrants 897-900; 919-933; 961-971; 977-983; 1114-1119; 1156-1167; 1169-1201 11-14 on pages 1166-67 11/23 13 Citizenship 1261-1277; 1311-1351 1-3 on pages 1268-69 11/28 14 Final Exam Review Online class Online class This Syllabus is subject to changes and modifications during the semester of ... thorough understanding of immigration law, process, and procedure; ii) the ability to identify and analyze practical immigration issues; iii) an understanding of how immigration law and policy are shaped... immigration issues and constitutional law; v) an in-depth examination of the statutory and regulatory framework of immigration law; vi) an examination of strategies and options available to lawyers... statutory structure of immigration law in our examination of cases and statutes We will also consider constitutional law as it is woven into the cases and reflected in immigration rules and regulations