FINAL EXAM

IMMIGRATION LAW (LAW 842A, SECTION LS1)

PROFESSOR FALSTROM

FALL 2005

1. You have three (3) hours to complete this exam.

2. This is a closed-book exam. No outside materials may be used to complete this exam.

3. There are 65 points available. Question 1 is worth 30 points in total, with each numbered subquestion worth as indicated, and Question 2 is worth 35 points. I estimate that it should take you 90 minutes to complete each part, but you may divide your time as you see fit.

4. 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.

5. 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.

6. Keep your answers to the point, but fully discuss the issues presented.

7. 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.

8. 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 (30 points total)

A, B, C, and D have come to you for advice regarding their U.S. immigration options.

A was born in Italy, but one of her parents was a U.S. citizen at the time of her birth. She was sponsored for U.S. permanent residence four years ago and has lived here ever since, although she takes frequent trips back to Italy for personal and business reasons. She suffers from glaucoma and uses marijuana for medicinal purposes, but she has never been arrested for this.

B has a Ph.D. in molecular chemistry from a Japanese university. He was the beneficiary of prestigious fellowships during his academic career and he recently published an important paper in a major professional journal. A large U.S. biotechnology company is very interested in hiring him and sponsoring him for a nonimmigrant visa and green card. However, he has operated his own consulting company in Japan for the past couple of years and he may want to expand the company’s operations into the U.S. instead.

C originally came to the U.S. from Canada as a nonimmigrant student (F-1) but dropped out in 1999 and never left. C’s former employer filed a labor certification application on his behalf in 2000, but C does not know whatever became of it. However, he is dating a woman who has been a permanent resident of the U.S. for the last ten years. She is willing to sponsor him for a green card in the event that they decide to marry.

D entered the U.S. without inspection from Costa Rica in 1994. Two years ago, she was arrested for and convicted of petty theft. She served her sentence and was released from jail, but just two weeks ago she was placed in removal proceedings. Other than her theft conviction, she has kept her nose pretty clean since originally arriving in the U.S. Furthermore, her two-year-old daughter has juvenile diabetes and needs to see a doctor regularly in order to stay healthy.

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(i) (5 points) Does A have a claim to U.S. citizenship? If so, how? If not, is she eligible to apply for naturalization? If so, will her naturalization application be successful? If not, why not? What additional information might be helpful to you in order to answer these questions?

(ii) (10 points) What are B’s short- (nonimmigrant) and long-term immigration options? Which option(s) would you specifically recommend and why? What additional information might be helpful to you in order to answer these questions?

(iii) (10 points) What are C’s immigration options? Which option(s) would you specifically recommend and why? If C marries his girlfriend and if she sponsors him for a green card, will C be able to adjust his status under INA Section 245? If so, why? If not, why not? What difficulties (if any) might he encounter if he decided to apply for an immigrant visa abroad? Is there anything that C or his girlfriend could do (in addition to getting married) that would improve C’s immigration options, and if so, what? What additional information might be helpful to you in order to answer these questions?

(iv) (5 points) Is D eligible for cancellation of removal under INA Section 240A? If so, why? If not, why not? Assuming D is eligible, what would the positive factors be in her application, and what would the negative factors be? What additional information might be helpful to you in order to answer these questions?

Question 2 (35 points total)

You are a staff attorney for a member of Congress. This morning you received the following email from your boss:

It seems pretty clear to me that our immigration system is broken. I hear nothing but complaints from my constituents – immigrants and citizens alike – about how hard it is to get a visa or green card or to bring someone to the United States, or about how much trouble immigration is causing our country and state. I have therefore decided to make immigration reform my top priority during the remainder of my current term in office. Since I understand you learned immigration law from one of the best immigration lawyers in the country, I need your help in coming up with a comprehensive reform proposal.

I am aware that few topics stir up stronger feelings across the political spectrum than immigration. Issues which might arise when considering changes to immigration policies include:

· What distinction should there be between being a citizen and not being a citizen?

· Where is the power to regulate immigration properly located – expressly in the Constitution (and if so where) or elsewhere?

· Who can legitimately exercise this regulatory power and what are the proper limits of this exercise (and who should set the limits)?

· What rate of immigration can the U.S. accommodate comfortably, and on what basis and for what duration should foreigners be admitted?

· Which immigrants should we specifically not allow into, or to remain in, the U.S., and under what circumstances and in what way should we make exceptions?

· How should we keep undesired immigrants out of the U.S., and if such immigrants are in the U.S., how should we remove them (or in the alternative how should we “encourage” them to leave)?

· What level of access should immigrants be able to have to public benefits, including but not limited to education, health care, employment, and public assistance?

· How can we best use our immigration policies to enhance our country’s economy, safeguard our national security, and preserve our national identity?

Please propose changes to the U.S. immigration system which will make it function better than it is currently functioning, and explain how the changes are for the better. Try to take as many of the above-listed questions into account as possible when proposing your changes. Since people are so polarized with respect to this subject, you will not be able to satisfy everybody with any of your proposals, so be sure to acknowledge what the weaknesses of each proposal are and defend them anyway. Be specific – it is not enough to recommend that a “blue-ribbon panel” be created to come up with solutions, if you are not willing to state what you would recommend if you were a member of such a panel yourself. Finally, if you believe that one or more of your proposals applies to the President or the Supreme Court instead of (or equally) to Congress, do not be afraid to say so – after all, not only do we have allies in the White House, but also a Supreme Court vacancy can occur on a moment’s notice.

I am holding a press conference on this issue at noon, so I will need your answer by then. Thanks in advance.

Please do as your boss has asked.

END OF EXAM