This class is a legal theory and practice seminar that focuses on strategies to protect the non-citizen from deportation and/or preserve the path to lawful status and naturalization. This area of the law has taken on new constitutional weight and urgency in the wake of the Supreme Court’s Padilla v. Kentucky decision, which held that the Sixth Amendment right to counsel in criminal proceedings includes competent and specific advice about the immigration consequences of decisions made in those proceedings.
Through a case-based, problem-solving approach, the class will focus on the criminally accused non-citizen, from probable cause statement through plea in state or federal criminal court, to removal defenses in immigration court, and the complex intersection of criminal and immigration law. It will also address the constitutional basis for the law as interpreted. Specific topics will include the identification and consequences of aggravated felonies (crime of violence, theft, fraud, etc.), domestic violence/stalking/protective orders, and crimes involving moral turpitude. Cases will teach how to protect eligibility for relief from removal under immigration law, such as: adjustment of status, cancellation of removal; waivers under Immigration and Nationality Act (INA) §§212(h), 212(i), 212(c), 209(c); asylum, withholding of removal; and naturalization.
The heart of the class will be providing pro bono legal analysis and assistance to a detained noncitizen in an administrative appeal at the Board of Immigration Appeals (BIA). In the second half of the semester, students will be assigned in pairs to frame, research, and analyze a criminal/immigration issue currently pending for an unrepresented noncitizen in a BIA appeal. Students will review the record of proceedings and the decision of the trial court and will likely interview the client and/or family members in framing the legal issues. Students will produce a formal legal memorandum from their analysis and conclusions and will present their memo to a pro bono attorney who will use it as the basis of a brief on behalf of the client.
This class is aimed at the second or third year student who has already evinced an interest in a career path defending the criminally accused and/or protecting the rights of immigrants.P/C: Criminal Procedure.
Current & Previous Instructors:
|This course is not currently scheduled.|
Last offered Spring 2014.