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.