1 Introduction 1 Introduction
1.1 General Resources 1.1 General Resources
1.1.1. Immigration and Nationality Act (INA)
(please check the accuracy of any provision on WestLaw or Lexis)
1.1.2. United States Citizenship & Immigration Services (USCIS) Policy Manual
(for skimming only)
1.2 Course Documents 1.2 Course Documents
1.2.1 [ Representative Syllabus ] 1.2.1 [ Representative Syllabus ]
Classes 1 & 2: Some combination of everything in CH1 (Introduction)
Class 3: CH2 (Plenary Power)
Class 4: CH3 (Statutory Provisions) & CH 3.1 (Intro)
Class 5: CH 3.2 (Visa Bulletin and Petition Converting) and 3.3 (CSPA & Freezing/Aging Out)
Class 6: CH 3.4 (Children & Parents)
Class 7: CH 3.5 (Suspected Marriage Fraud) & 3.6 (Fiance/Fiancee)
Class 8: CH 4 (Non-Immigrant Temporary Visas)
Class 9 & 10: Admissibility
HG: for upload at end of semester
1.2.2 [ On-Call List ] 1.2.2 [ On-Call List ]
I have deleted the on-call list from this coursebook, because it's a publicly available, open-source document, and I didn't want your names out there for privacy reasons. Instead, you can find the on-call list on the Canvas page.
1.2.3 H20 Coursebook Info 1.2.3 H20 Coursebook Info
As you may have noticed, no casebook has been adopted for this course. The only book you should buy is a copy of the Immigration and Nationality Act (INA), of which recent used copies are acceptable and cheaper. Some people even try to do without it, but I have found they typically regret it after that fact. Instead of a traditional casebook, I'm using this site: Harvard Law School’s H20 site. H20 helps law faculty create free, digital, open-source, open-licensed books for their students.
In my view, this advances our law school’s social justice mission. Students spend thousands of dollars on law school textbooks. Free casebooks made education more accessible and equitable. I average about 40 students in my immigration law course. Even at a conservative estimate of $100 per book, that saves our students $4,000, collectively, per semester. If other professors at other universities use this book, it will help exponentially more students.
A few other notes about the casebook. I will regularly provide the relevant INA section for that chapter or section but not the actual text. So I am relying on you to find the provision either in your book or the PDF and review it. A great thing about H20 is that I can "elide" (hide) text you don't need to read to make the reading more manageable, just like in a casebook. But unlike in a traditional casebook, you can click on any of the "eliden" (hidden) text and read more of the case if you want. I also often include notes and links with some cases that can help guide your reading or give you additional information. But one weakness of H20 is that there are a ton of typos in the cases. But I think most of them are self explanatory and easy enough to figure out from context clues. Lastly, if you're ever in a place where you can't get internet or where your internet is spotty, you can export and download very quickly the entire casebook. I think it looks better on the website, but it can definitely work if you are in a place without reliable internet and want to do some of the reading. But remember that links don't export.
As you go through this semester, please email with any questions or comments, especially if you notice something awry or that can be improved. You're my best test of whether this is working! Thank you for you patience and flexibility.
1.2.4. Instagram: The Speech Prof on Free Textbooks
1.2.5. The Conversation: Gender Pronouns and Their Importance
1.2.6. Inside Higher Ed: Laptop Use in Class
1.2.7. NY Times Cartoon: Banning Laptops (Image)
1.2.8. The Case Study Teaching Method
1.2.9 Instructions on Hypos 1.2.9 Instructions on Hypos
INSTRUCTIONS ON THE HYPOTHETICALS
- I use pop culture references in my hypos to make it easier to point out and identify them. I use movie references for hypos from previous exams and TV show references for all other hypos.
- Please put your name at the beginning of the document you are submitting to Canvas and include page numbers.
- Cite to the statute, including the proper subsection/prong!
- But don’t just cite to the statute, explain what that particular part of the statute says, and then apply the facts of the hypo to the statute.
- Don’t just say yes or no – explain why.
- State any additional arguments that can be raised by the government
-
- If your calculations come to a 3-year bar, but the government could possibly tack on additional unlawful presence say so.
- Explain how you arrived at answer. For example, with the amount of time of unlawful presence: How did you calculate that time? What do you think counts or doesn’t count toward unlawful presence? Also cite the language of the statute which tells us the number of years of unlawful presence.
- If you do not think the individual is eligible for any relief/waiver say so and why.
- Follow through with the analysis, i.e, if you think fraud is applicable explain how you arrived at your conclusion.
- Discuss all possible bars to admissibility/procuring a visa.
-
- “B could be inadmissible due to having failed to attend a removal hearing AND because of unlawful presence of over a year.” Flag both.
- These are not graded, but we will go over them in class. I review them to make sure you have completed them fully (and to see whether any of you are particularly struggling).
1.2.10. NUSL Library: All Past Exams
See Canvas page for the module of past exams.
1.2.11 Sample Exam Instructions 1.2.11 Sample Exam Instructions
NORTHEASTERN UNIVERSITY SCHOOL OF LAW
IMMIGRATION LAW [TERM AND YEAR]
PROFESSOR HEMANTH GUNDAVARAM
FINAL EXAM: 4.5 HOURS
- Please write your exam number, NOT your name, on your answer. If you are in doubt about your exam number, please check with your proctor.
- Please also write your exam number on the exam itself. Exam questions must be turned in along with your answer.
- Please write “Immigration Law,” “[Term and Year],” and “Professor Gundavaram” on the front of the answer.
- If possible, type your answers. Otherwise, if using bluebooks, write your answers legibly in pen on only one side of each page and then number each bluebook on the front. For example, if using two bluebooks, please write “1 of 2” on the first, and “2 of 2” on the second.
- Exam answers must be written in the assigned classroom only.
- Please remember that you are on your honor to not discuss this exam while taking it, or after the exam with anyone who may have to take this exam at a later date.
- You may use the casebook, the INA or copies of the INA with any notes written in them, any of my handouts or documents from the coursebook, and your notes/outline. No other materials, such as commercial outlines or treatises, may be used.
- The exam is 4 1/2 hours. Carefully read the instructions and only answer the specific questions asked. If you assume facts, they should be consistent with the fact pattern.
- Consider the time/weight of each question. And remember when writing that it is about quality, not necessarily quantity. But do not just provide the answer to the question; also provide the reasoning for your answer and relevant citations. For the multiple choice/short answer questions, you should provide a few of sentences of reasoning for your answer.
- A preview of the questions below:
- Question #1 – Essay (39 minutes – 16%)
- Question #2 – Essay (39 minutes – 16%)
- Question #3 – Essay (39 minutes – 16%)
- Question #4 – Long Essay (75 minutes – 31%)
- Question #5 – Multiple Choice/Short Answer (16 minutes – 7%)
- Question #6 – Multiple Choice/Short Answer (16 minutes – 7%)
- Question #7 – Multiple Choice/Short Answer (16 minutes – 7%)
- TOTAL: (240 minutes – 100%)
- Plus 30 minutes to review
1.2.12 [ Acknowledgements ] 1.2.12 [ Acknowledgements ]
1.3 Background 1.3 Background
1.3.1. Rutgers Law Library: Immigration Law Administrative Structure
1.3.2. DOJ: Board of Immigration Appeals (BIA) Power
1.3.3. Immigrant Legal Resource Center (ILRC): Immigration 101
1.3.4. Migration Policy Institute: U.S. Immigration Law Timeline, 1790 to Present
Content warning: Racist Language and Legal Rhetoric
1.4 Context 1.4 Context
1.4.1. IQ Latino: Immigrants Are Not Aliens
Content warning: Graphic Violence, Racist Language and Legal Rhetoric
1.4.2. American Immigration Council: Why Don’t They Just Get In Line?
1.4.3. Cato Institute: Research on Immigration and Crime
Of note, the Cato Institute is a libertarian think tank and described as leaning right.
1.4.4. Center on Budget & Policy: Immigrants Contribute to U.S. Economy
1.4.5. Vox: 1996 IIRIRA Law Created Today's Immigration Problem
Content warning: Racist Language and Legal Rhetoric
1.4.6. Boston Review: There Is No Migrant Crisis
1.5 U.S. Intervention & Root Causes of Migration 1.5 U.S. Intervention & Root Causes of Migration
1.5.1. Veterans for Peace: Timeline of U.S. Acts of Aggression in Latin America
Content warning: Graphic Violence mentions, Gender-Based and Sexual Violence mentions
1.5.2. Medium: Century of U.S. Intervention Created Immigration Crisis
Content warning: Graphic Violence, Racist Language
1.5.3 Supplemental Info (Not Assigned) 1.5.3 Supplemental Info (Not Assigned)
1.5.3.1. History Channel: Causes of Central American Migration? (Video)
(we will watch in class)
Content warning: Graphic Violence