IMMIGRATION LAW
PROF. JOSEPH A. VAIL
FALL – 2003
The following is the syllabus for the Fall 2003 Immigration Law Course. The text we will use is
Immigration Law and Refugee Law and Policy by Stephen Legomsky. There will be additional
recent precedent cases assigned which are not covered in the text. The focus of the class will be
three-fold: a) an overview of all areas of immigration law; b) discussion of the practical
application of the law; and c) economic, social and political considerations which have shaped
the law. Class is scheduled on Thursday and Friday morning at 9:00 A.M. It is a three credit
course. Five absences are allowed during the course of the semester. If you need to go beyond
this limit due to some emergency or unforeseen circumstance you should contact me. The
assignments are listed below. My office hours will be Friday morning from 10:30 A.M. to 12:00
noon.
SYLLABUS
A. HISTORY AND OVERVIEW
Week 1
August 28: Introduction
For the first class read articles on the history and impact of immigration. pp. 124- 136
Be Ready To Discuss Articles
pp. 241-276
August 29: Sources of Federal Power
Chinese Exclusion Case
Ekiu v. U.S.
Fong Yue Ting v. U.S.
pp. 9 – 42
p. 15
p. 28
p. 31
Week 2
Sept. 4: Due Process – Limitations on Federal Power
Shaughnessy v. U.S. ex rel Mezei
Yamataya v. Fisher
Harisiades v. Shaughnessy
Francis v. INS
INS v. Chadha
Zadvydas v. Davis
pp. 50- 78
pp. 88-112
p. 51
p. 66
p. 71
p. 88
p. 95
p. 100
B. IMMIGRANT VISAS
Week 3
Sept.11: The Quota System and Preference
p. 124-146
Since this date is the 2nd anniversary on the attack of the World Trade Center, part of the class
will be devoted to a discussion of its impact on immigration
Sept. 12: Family Based Immigration
.
Adams v. Howerton
Matter of Mourillon
pp.147-186
p. 151
p. 178
Week 4
Sept. 18: Employment Based Immigration
Matter of Marion Graham
Matter of Tel-Ko Electronics
Industrial Holographics, Inc. v. Donovan
pp. 189-219
p. 195
p. 199
p. 212
Sept. 19: Employment Based Immigration And Diversity Immigrants (Cont.) pp.219 - 241
C. VISA PROCESSING AND ADMISSION
Week 5
Sept. 25: Visa Processing - Admission Procedure
Florida Bar v. Matus
Hermina Sague v. United States
Sept. 26: Admission Procedures / Adjustment of Status
pp. 415-448
p. 428
p. 445
pp. 454-467
D. TEMPORARY VISAS
Week 6
Oct. 2: Non-Immigrant (Temporary) Visas
International Union of Bricklayers v. Meese
Nice v. Turnage
pp. 317 – 350
p. 320
p. 331
Matter of Artee Corporation
Karmali v. INS
Oct.3: Non-Immigrant Visas (Continued)
Sheku-Kamara v. Karn
Silverman v. Rogers
Matter of Healy & Goodchild
Moss v. INS
p. 340
p. 345
pp.350-380
p. 356
p. 359
p. 365
p. 369
E. EXCULSION - DEPORTATION - REMOVAL
Week 7
Oct. 9: Exclusion Grounds and Waviers
pp.380-415
Oct.10: Deportability Grounds - General
pp. 467-499
Fong Haw Tan v. Phelan
Matter of Ching and Chen
Rosenburg v. Fleuti
p. 472
p. 477
p 482
Week 8
Oct. 16: No Class- U.T. Conference on Immigration Law
Oct. 17: Crime Related Deportability Grounds
Matter of Ozkok
United States v. Parrino
People v. Pozo
Marciano v. United States
pp. 499 – 539
p. 503
p. 508
p. 513
p. 525
Week 9
Oct. 23: Crime-Related Removability Grounds (cont.)
Matter of Crammond
Kulle v. INS
Oct. 24: Relief From Removal - Cancellation of Removal (non-LPR)
INS v. Jong Ha Wang
pp. 540-568
p. 542
p. 560
pp. 569-605
p. 586
Hee Yung Ahn v. INS
p. 595
Week 10
Oct. 30: Other Relief From Removal
pp. 606-630
Linnas v. INS
p. 622
Note: Other cases on relief will be assigned
Oct. 31: Deportation / Removal Procedure
pp.630-643
667-706
Ardestani v. INS
INS v. Lopez-Mendoza
Woodby v. INS
p. 667
p. 681
p. 701
Week 11
Nov. 6: Administrative Appeals and Judicial Review
pp. 712-755
INS v. Abudu
INS v. St.Cyr
p. 712
p. 737
Nov. 7: Exceptions to Usual Removal Procedures
Remedies for Inadequate Representation
pp. 837-847
pp. 811- 820
Matter of Lozada
Lozada v. INS
p. 811
p. 813
Week 12
Nov. 13: Asylees and Refugees
Matter of Acosta
Matter of Izatula
INS v. Elias-Zacarias
Sanchez-Trujillo v. INS
Nov. 14: Asylum (continued)
Matter of Toboso-Alfonso
pp. 872 - 913
p. 875 and 909
p. 886
p. 895
p. 911
pp. 921 – 962
p. 921
Fatin v. INS
Matter of Kasinga
p. 930
p. 939
Week 13
Nov. 20: Asylum – Bars
Damaize-Job v. INS
Matter of Carballe
Sale v. HRC
Convention Against Torture (CAT)
Temporary Protected Status (TPS)
pp. 978-999
p. 982
p. 996
p. 1041
pp. 1061-1078
pp. 1079-1088
Nov. 21
Employer Sanctions / Anti-Discrimination
Public Benefits
Plyler v. Doe
pp. 1121-1141
pp. 1142-1165
p. 1147
Week 14
Dec. 4: Citizenship
Acquiring citizenship
In re Petition for Naturalization of Vafari-Makhsoos
Dec. 5: Losing Citisenship
Kungys v. United States
Vance v. Terrazas
pp. 1169- 1222
p. 1210
pp. 1238-1270
p. 1240
p. 1261
NOTE: THERE WILL BE A REVIEW CLASS AT THE END OF THE SEMESTER IN
PREPARATION FOR THE EXAMINATION- DATE TO BE SET.