CLASS NOTES, ASSIGNMENTS, ITEMS FOR CLASS DISCUSSION – FALL 2023
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Immigration Law – Fall 2023 – LAWX 699 – 801 (72754)
WHEN: Monday Evenings, 6:30 – 9:30 PM: August 21 – Dec. 4, 2023
WHERE: Law
Adjunct Professor Farhad Sethna
Syllabus: Reading list and assignments (Subject to change)
August 21, 2023 –
Come to class prepared to introduce yourself and your family’s immigration background.
Please discuss where your ancestors came from, how long ago, and how they immigrated to the USA.
Tell us what area of law you think you’re going to practice after you graduate, why you took this class, what your educational background is, and what you expect to gain from the class
The text is divided into sections, not chapters. I will assign sections as below, so please come prepared:
1. Overview of Immigration
2. Manner of entry to the USA
3. Passport and Visa
4. How do you get a visa?
August 28, 2023:
1. Legal entry, inspection and admission
2. Definition of Conviction under the INA
3. Grounds for exclusion – INA §212
4. Kinds of non-immigrant visas
5. What kinds of immigrant visas
6. Immediate relative, Family based, employment based
7. Change of status
8. Adjustment of status
9. Affidavit of Support – I-134 and form I-864
10. Visa Bulletin, priority dates, backlogs
11. Exercise 1: Non-immigrant and Immigrant visa options
Students – select a country for your individual presentations; note that you must talk about each of the areas of the immigration policy of the country you choose, namely:
• Pleasure (tourist or visitor);
• Work-authorized non-immigrant visa types and process to obtain the same;
• Marriage to a citizen of that country (permanent residence through marriage);
• That country’s deportation process, including Detention while in the deportation process;
• Permanent residence (equivalent to the US “Green Card”), naturalization and citizenship.
September 4: NO CLASS – Labor Day
September 11:
1. Unlawful entry
2. Unlawful presence after unlawful entry
3. Unlawful presence after lawful entry
4. Effective difference in lawful entry v/s unlawful entry
5. Grounds for Removal (fka Deportation) – INA § 237, 101(a)43
6. Immigration Consequences of Criminal Conviction: ORC 2943.031
7. Exercise 2: Locating other state statute similar to Ohio RC 2943.031
8. Detention while in removal: the “detainer”; Bond issues in immigration court
September 15, 2023 – (optional)
Constitution Day celebration program at Akron Public Library; 60 South High Street, Akron, OH
Program starts at 4:00 PM – suggest you arrive a half hour early to mingle with the crowd and work on your next Assignment – “Interview a new citizen”; take notes; turn in by Monday, September 18 before class to Prof. Sethna and be prepared to discuss your experience and what you discovered about your interviewee.
September 18:
1. Other avenues to immigration? Special immigrants, asylum, refugee status, adoption Special Juvenile Immigrant, U-Visas, T-visas, visa lottery
2. Investor visas: Green Cards for the millionaire
3. Exercise 3: Questions to determine the best option for your client; Recap and summary
4. Bars to Adjustment of status – civil, criminal, Good Moral Character, terrorism, persecution
5. Padilla v. Kentucky; Chaidez v. US – duty to inform about possible immigration consequences
6. Strategies for removal defense: Collateral attack on prior conviction – dealing with a traffic/criminal record
Setting dates for group presentations:
As we discussed in class, you should have selected your group for a presentation. Please identify your groups and turn in your group topics today – I will collect all the topics and share them to the class. I will also assign dates for your presentations.
September 25:
1. Other defenses – waivers under the INA
2. Waivers; Cancellation of Removal, analysis, form I-601
3. Exercise 4: Waiver analysis
4. Asylum, withholding of removal, CAT, humanitarian asylum, adjustment of status, etc.
5. An in-depth exploration of asylum
6. Bars to asylum
October 2:
1. Permanent residence leading to naturalization
2. Requirements for Naturalization
3. Bars to Naturalization
4. Immigration-related benefits of Naturalization
October 9:
(overflow, new cases, discussion)
October 16:
Individual student Country Presentations – day 1 (please be sure to limit your presentations to no more than 10-15 minutes with 5 minutes for questions. Come early or check your laptop/jump(flash) drive for connectivity on a prior day so that you are not standing at the front of the class trying to get this set up this evening.
October 23:
Individual student Country Presentations – Day 2 (Will need to go as late as needed to complete all tonight – please be sure to limit your presentations to no more than 10-15 minutes with 5 minutes for questions. Come early or check your laptop/jump(flash) drive for connectivity on a prior day so that you are not standing at the front of the class trying to get this set up this evening.
October 30:
Practical applications: completing most common family based immigration forms: I-130; I-485; I-864; -I-360; I-918
November 6:
Practical applications: completing most common employment based-immigration forms: I-539; I-129; PERM Labor certification; I-140
November 13
Group presentations: Remember: keep track of your time – we will have 4-5 groups, so plan on about 20 minutes per group, plus 5 minutes for questions.
FIELD TRIP OVER THE WEEK of NOVEMBER 13 (specific date to be arranged): meet at law school around 8:30 AM – details to be provided at class – plan on returning around 4:30 – 5:00 PM
• Class visit to USCIS, USICE, and EOIR – Cleveland – will start at USCIS, then to EOIR, finishing up at USICE
November 20
Asylum client interview, Questions about the final assignment, Professor evaluations
TAKE HOME ASSIGNMENT: return to law school office in envelope with your honor code and Student ID # (NO name or signature anywhere, please!) by close of business on Monday, DECEMBER 4, 2023 – (see Syllabus for details)
November 27
Final class (if needed) to answer questions
December 4: Final assignment – asylum application due TODAY – Papers to be turned in by 5:00 PM to the law school office in a sealed envelope – write honor code and sign with your STUDENT ID number (no name) across the top of the envelope.
(last update August 18, 2023)