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Immigration Law and Litigation Outline

A comprehensive course on litigation-centered immigration law involves structuring the curriculum around core topics, including foundational principles, significant case laws, procedural aspects, and practical skills. Here's an outline for a semester-long course, including case laws, references, and procedures:

The course provides an in-depth exploration of immigration law with a focus on litigation. Students will examine key statutes, regulations, and case law, gaining practical skills in handling immigration cases through mock trials and procedural exercises.

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Course Objectives

  • Understand the fundamental principles of U.S. immigration law.

  • Analyze and apply significant immigration case laws.

  • Develop practical litigation skills for immigration proceedings.

  • Navigate procedural aspects of immigration cases, including filings and court appearances.

Course Stracture

Week 1: Introduction to Immigration Law

  • Overview of U.S. Immigration System

  • Sources of Immigration Law: Constitution, Statutes, Regulations, Case Law

  • Reading: Immigration and Nationality Act (INA)

  • Case Law: INS v. Chadha, 462 U.S. 919 (1983)

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Week 2: Grounds for Inadmissibility and Deportability

  • Categories of Inadmissibility (INA § 212)

  • Deportability Grounds (INA § 237)

  • Reading: INA §§ 212, 237

  • Case Law: Vartelas v. Holder, 566 U.S. 257 (2012)

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Week 3: Refugees and Asylum

  • Definition and Criteria for Refugee Status and Asylum

  • Procedures for Asylum Applications

  • Reading: INA § 208

  • Case Law: Matter of Acosta, 19 I&N Dec. 211 (BIA 1985)

  • Exercise: Drafting an Asylum Application

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Week 4: Family-Based Immigration

  • Eligibility for Family-Based Visas

  • Procedures and Requirements

  • Reading: INA §§ 201, 203, 204

  • Case Law: Scialabba v. Cuellar de Osorio, 573 U.S. 41 (2014)

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Week 5: Employment-Based Immigration

  • Categories of Employment-Based Visas

  • Labor Certification Process

  • Reading: INA § 203(b)

  • Case Law: Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)

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Week 6: Removal Proceedings

  • Overview of Removal Process

  • Rights of Noncitizens in Removal Proceedings

  • Reading: INA § 240

  • Case Law: Pereira v. Sessions, 138 S. Ct. 2105 (2018)

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Week 7: Relief from Removal

  • Cancellation of Removal

  • Adjustment of Status

  • Reading: INA §§ 240A, 245

  • Case Law: Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)

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Week 8: Detention and Bond Hearings

  • Detention Policies and Procedures

  • Bond Hearing Process

  • Reading: INA § 236

  • Case Law: Jennings v. Rodriguez, 138 S. Ct. 830 (2018)

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Week 9: Judicial Review and Appeals

  • Administrative Appeals (BIA)

  • Judicial Review in Federal Courts

  • Reading: INA §§ 242, 336

  • Case Law: INS v. St. Cyr, 533 U.S. 289 (2001)

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Week 10: Special Immigrant Juvenile Status and Other Humanitarian Relief

  • Eligibility and Procedures

  • Other Forms of Humanitarian Relief (e.g., T visas, U visas)

  • Reading: INA § 101(a)(27)(J), §§ 101(a)(15)(T), (U)

  • Case Law: Perez-Olano v. Gonzalez, 248 F.R.D. 248 (C.D. Cal. 2008)

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Week 11: Advanced Issues in Immigration Litigation

  • Impact of Criminal Convictions

  • Ethical Considerations

  • Reading: INA § 101(a)(43) (Aggravated Felonies)

  • Case Law: Padilla v. Kentucky, 559 U.S. 356 (2010)

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Week 12: Litigation Skills Workshop

  • Drafting Legal Briefs and Motions

  • Mock Removal Hearing

  • Exercise: Preparation and Presentation of Mock Case

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Week 13: Guest Speakers and Case Studies

  • Guest Speakers (Immigration Judges, Practitioners)

  • Analysis of Recent and Notable Cases

  • Case Law: Sessions v. Dimaya, 138 S. Ct. 1204 (2018)

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Week 14: Final Project Preparation

  • Individual Case Studies

  • Preparation for Final Presentation

  • Exercise: Drafting a Comprehensive Litigation Strategy

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Week 15: Final Presentations and Review

  • Presentation of Final Projects

  • Review of Course Material and Key Concepts

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Assessment Methods

  • Participation and Attendance

  • Weekly Assignments and Case Briefs

  • Mock Trial Performance

  • Final Project and Presentation

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Recommended Textbooks and Resources

  • Primary Textbook: "Immigration and Nationality Law: Problems and Strategies" by Lenni B. Benson and Veronica Escobar

  • Supplementary Reading: "Immigration Law and Procedure in a Nutshell" by David Weissbrodt and Laura Danielson

  • Online Resources: USCIS Website, EOIR Website, BIA Precedent Decisions

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Additional Notes

  • Ensure students have access to legal research databases (e.g., Westlaw, LexisNexis).

  • Incorporate current events and changes in immigration policy as they arise.

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This outline provides a robust framework for a litigation-centered immigration law course, combining theoretical knowledge with practical skills training.

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