CLASS SUMMARY AND RECAP FOR TUESDAY NOVEMBER 18, 2009

-Today's guest speaker, Royal F. Berg, Esq.
-Ancestor paper/Book Review due no later than November 24, 2009 at 6:45 p.m. via email or hard copy to my departmental mailbox. There will not be class on November 24, 2009. Papers received after 11/24/09 at 6:45 p.m., will be graded minus a one grade penalty, ie. "A" papers will receive a "B."

Summary of Mr. Berg's talk:
-Broadview ICE Detention Facility and the prayer vigil every Friday.

-The Seventh Circuit Court of Appeals, Judge Posner, Justice Stevens, and Mr. Berg's precedent-setting cases before the 7th Circuit Court of Appeals;

-The need for Comprehensive Immigration Reform or "CIR":
-1k are being deported daily, 360K annually;

-Discussion of the Dream Act, UIC honor student Rigo Padilla, and his deportation in Chicago.

-ICE Raids, Detention Policies and Heath Care of immigrants in detention. Deaths of immigrants while in Detention. "Justice Ignored?";
-Televideo hearings at the immigration court, its shortcomings
-Detention facilities in Illinois: McHenry, Broadview and others.

Major Laws Affecting Immigrants & Court Stripping Provisions
-the 1996 law, IIRAIRA, 212(a)(9)(c) and 241(a)(5)
-Retroactivity of immigration laws. [Why? Remember: Immigration laws are civil in nature--even though they affect liberty interests]!
the Definition of "AG" or Aggravated Felony [note our discussion on 101(a)(43)a few weeks ago]
Immigration "Retrictionists"
-Lou Dobbs
-Dan Stein & F.A.I.R.

The "Benefit" Branch of DHS: USCIS
-60% fewer naturalization or "citizenship" applications. Fee is over $600 today. Intially the fee was $00.00!

-the importance of "getting involved" in immigration issues...

--Mr. Berg's involvement with the immigrant's list, www.immigrantslist.org

--CONCLUSION


Nicole said in her blog entry:

"Here is the link for ancestry.com's free trial. It has helped me clear up some--but not all--of the questions I have about my personal immigration history.

Hope it assists all of you as well!"
http://landing.ancestry.com/popularmedia/hs1.aspx?landingpage=39479&o_iid=39479&o_lid=39479

CLASS RECAP & SUMMARY FOR NOVEMBER 10, 2009


First they came for the communists, and I did not speak out—because I was not a communist;
Then they came for the socialists, and I did not speak out—because I was not a socialist;
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out for me.
--attributed to Pastor Martin Niemöller (1892–1984)



"If you have a feeling that something is wrong, don't be afraid to speak up." - -Fred Korematsu

CLASS SUMMARY
Ngai, Chapters 4-5.

These quotes were not discussed in class. What is the signifance of these two quotes to our discussions in class?

I. Our telephonic talk with James Kurotsuchi, Esq. son of two Japanese Internees during World War II.
A. What he said.
B. How he feels.
C. Lessons to be learned.
D. Compensation paid to internees

The Appellate Process
A. The stakes are high either way, we we know losers win. Winners go home, but save only themselves.
1. What does this mean (see Fred Korematsu, below)?

Today, America is "at war" Who is the "enemy"?

-Pearl Habor Attack (December 7, 1941)
Executive Order 9088
--who did it affect and why

Japanese Internment-What happened and Why
--Basis under the law
the meaning of "We Shall Never Forget"
--Discussion of the immigration courts and their lack of jurisdiction over US citizens. What is the significance? The protection of immigrants and laws passed in the name of "national security" during these times.
--Compare the NSEERS special registration program.

--How about in times of "War"
--Fred Korematsu and his case at the US Suprme Court.
--Did he have the last say afterall?
--How does his story relate to the Guantanomo Detainees Today?

--The Fort Hood Shootings. Our hypothetical discussed in class

The Nisei, Nikkei, and Sansei

-Korematsu received the Presidential Medal of Honor.
-His "Amicus" brief to the US Supreme Court (decades later) in Rasul v. Bush. Did he have the last word after all?
--compensation paid to Japanese Internees by Congress.
--What do some of these events in our history say about the importance of the writ of habeas corpus for immigrants? The appeallate process for immigrants?

Complete Ngai, Chapters 4-5.

PDF e-handout, US Suprme Court Decision in Rasul v. Bush (emailed to you on 11-10-09).

See you next week...

-Christopher Helt, Esq.

CLASS RECAP AND SUMMARY FOR TUESDAY NOVEMEBR 3, 2009

-Your blog entry discussions
-Final Paper topic submissions (Ancestry or Book Report from syllabus) due today (or incure grade penalty)

-Absolute Deadline: Papers due November 24, 2009 (One week before Final Review session)

-Final Review Session December 1, 2009;
-Final Exam December 8, 2009

Deportation Policy in America (Cont'd)
--Class Lecture Summary
THE FORMATION OF IMMIGRATION POLICY BY CASE LAW

Precedent: The risks are high, Setting precedent means losing along the way; winning immediately (i.e. no appeal needed) often means others in similar situations lose.

A. Binding Precedent;
B. Persuasive Authority

-Farah Choudhury's Case

I. The Nuts and Bolts of Effectuating One's Deportation From America: Getting the ball rolling for the government in its attempt to remove the alien from the United States.

A. Detention of Immigrants

B. The Charging Document, similar to a criminal indictment. The Notice to Appear or "NTA"
C. Basis for Removability: Generally, there are Three (3) bases...

1. Being "unlawfully present" in the U.S.
a.) "overstaying" one's non-immigrant visa or violating its terms (NIV visa overstay, working without permission here, failure to maintain student status, etc.);
b.) illegally entering the United States;
c.) lawfully here but committing a crime triggering your removal ("deportation") from the United States.

II. What Crimes Trigger Deporation Proceedings? THE TWO "Receipe" Books

A. Federal Statute or "receipe book" for removal. Crimes subjecting an a non-citizen to removal from the United States are set forth in 8 U.S.C. Section 1101(a)(43) et seq.

B. State Criminal Statutes or "receipe book" for removal from the United States --

Other topics covered-Youtube video on Deportation Policy in America

--Other incidents of a "Broken" immigration policy in America: The Widow(er)'s journey into US immigration. What is the "Widow Penalty?"

Discussed Topics in Class (Cont'd)

-The definition of "aggravated felonies" under the U.S. immigration laws. THERE ARE MANY in THE FEDERAL DEFINITION OR THE FEDERAL RECEIPE BOOK.

Copy and paste this link below for the list of offenses:

http://w3.uchastings.edu/boswell_01/PDF/Aggravated%20Felony%20Statute.pdf

-To summarize them all, they are "crimes of violence" and sentences imposed of 365 days or more.

-Some state convictions may constitute "aggravated felonies" in the federal statutes

-Immigration laws are considered civil in nature, according to the U.S. Supreme Court, despite a "liberty interest" for immigrants at stake.

-Gideon v. Wainwright, the right to counsel for criminal defendents;
-No right to counsel for immigrants, but right to competent counsel may exist;
-language barriers that immigrants face in immigration court.
-the overall chances of success for an immigrant facing removal proceedings in the U.S. Immigration Court System.

THE WIDOW PENALTY
--Women (and a few men) are citizens of foreign countries who married American citizens, but their spouses died before their residency applications were completed. How do you think the immigration agencies dealt with this heart-wrenching issue? Do "hard-facts" make bad law"?

Here is the link to the video we watched:



Watch CBS Videos Online

Next week our discussion will include Chapters 4 & 5 of Ngai, a handout on the widow penalty, Fred Korumatsu, the Nisei, and the Gitmo Detainees.

Our Guest Speaker, Royal F. Berg, Esq. will visit us the following week November 17, 2009, due to a schedule conflict. We may have a guest speaker next week on the subject of Japanese Internment, schedule permitting.

See you next week...

--Christopher W. Helt, Esq.