FINAL EXAM
IMMIGRATION LAW (LAW
842A, SECTION LS1)
PROFESSOR FALSTROM
FALL 2006
1. This is a Closed Book Exam. No materials may be brought into the
examination room or consulted during the examination, with the following exception:
You may bring your copy of Immigration
and Nationality Laws of the United
States:
Selected Statutes, Regulations and Forms.
2. This exam has one time limit of three
hours. I estimate that it should
take you 90 minutes to complete each Question, but you may divide your time as
you see fit. There are 80 points
available. Questions 1 and 2 are each
worth 40 points.
3. In grading these questions, considerable
weight will be given to the organization of your answers. I therefore
suggest you devote at least 25% of your time to analyzing and outlining each
answer before you begin writing.
4. If you believe that any material fact is
lacking, state explicitly the assumption of fact you are making in answering
the question and why it is necessary to make such an assumption. Do not assume facts that will preclude the
discussion of possible issues.
5. Keep your answers to the point, but fully
discuss the issues presented.
6.
Write your exam number on your exam envelope.
Put your exam number at the top of this page, each page of questions,
and each bluebook. Do not use your name,
student ID number, Social Security Number, or in any other way identify
yourself on any exam materials.
7.
At the conclusion of the exam, return
all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials
at the end of the exam may not be graded.
QUESTION 1 (40
points)
Boris and Natasha have come to you for immigration advice.
Boris received his advanced degree in nuclear physics in
2002 and promptly went to work for a prestigious company in his native Russia. About a year ago, Boris came to the U.S. on an F-1
visa as a visiting scholar on leave from his company. However, after only a few months, he decided
he needed a break and in fact has spent most of the last year surfing instead
of fulfilling his scholarly duties. In
the meantime, Boris’ company expanded its operations into the United States and now wants Boris to join its
newly created U.S.
office. However, a paper that Boris
submitted to an influential journal shortly after his arrival in the United States
has now been published, and major American universities are interested in
hiring him as a researcher despite his “slacker” habits. He tells you that he would like to maintain
some flexibility with respect to his professional life, but he does know he
wants to remain in the U.S.
for the foreseeable future. He also says
that he believes that “about six or seven years ago” a U.S. company run by a
cousin of his filed papers on his behalf to get him a green card, but he does
not know whatever became of the case.
Natasha, Boris’ girlfriend, was born in Bulgaria to one
Bulgarian parent and one American parent.
Six years ago she came to the United States on an immigrant
visa. She was recently placed in removal
proceedings because of a 2004 conviction for receiving stolen property
(jewelry). However, she tells you that
she committed the crime only because she was trying to provide for her
four-year-old U.S.
citizen son from a previous relationship, who was born with various birth
defects, has required numerous costly medical procedures, and needs ongoing
care by specialists. Natasha and Boris
are willing to get married if it will help with their respective cases, but
Natasha confides in you that she really does not see herself spending the rest
of her life with Boris.
What are Boris’ and Natasha’s immigration options and which
ones would you recommend as the best ones?
Be sure to discuss all relevant nonimmigrant and immigrant
possibilities, as well as potential claims of or avenues towards U.S.
citizenship. If any grounds of
inadmissibility and/or removability apply to one or both of them, be sure to
note them and discuss what effect (if any) they might have on the options you
identify and the recommendations you make.
Finally, if any additional information might be helpful to you in order
to discuss options and/or make recommendations, be sure to state what it would
be.
QUESTION 2 (40
points)
High-ranking members of the new Iraqi government, having
heard of the expertise in the U.S. immigration system that you gained by taking
Professor Falstrom’s class, have asked you to advise them as they develop new
Iraqi immigration laws and policies.
Write a memo which details the advice you would give the Iraqis. You may wish to consider the following in
connection with this task:
- how
much power the government should have to regulate immigration, and who
should wield that power
- what
kind of due process and equal protection rights immigrants should enjoy
- under
what circumstances immigrants should be subject to detention
- how
much access to the courts immigrants should have
- what
kind of enforcement regime would work best for the government
- how
the government should deal with “undocumented” Iraqi immigrants
- how
the Iraqi immigration system should best account for national security
considerations
If any U.S. Supreme Court or other federal court cases are
relevant to your advice, be sure to refer to them by name and discuss their
relevance.