Contemporary Issues in Civil Rights: Immigration ......Malta-Espinoza v. Gonzales, 478 F.3d 1080...
Transcript of Contemporary Issues in Civil Rights: Immigration ......Malta-Espinoza v. Gonzales, 478 F.3d 1080...
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Contemporary Issues in Civil Rights: Immigration Consequences of Criminal Activity Professor Andrea J. Garcia
University of La Verne College of Law
Fall 2018
2 Credits
______________________________________________________________________________
Professor Andrea J. Garcia
Office: 951-797-9490
Phone: 310-845-5184
Email: [email protected]
Class Time and Place
Meeting days: Saturdays
Meeting time: 10 am
Location: TBD
Office Hours
I will be available by telephone at my office on Fridays from 10 am to 3 pm. My telephone
number is 951) 797-9490. You can also reach me via email at [email protected]. If it is
urgent and you need to ahold of me outside of my office hour times, my cell is 310-845-5184.
Course Description
This seminar addresses the contemporary relationship between criminal and
immigration law. In particular, this course explores how individuals perceived to have violated a
criminal offense are treated in the immigration law system, how individuals thought not to be
citizens of the United States are uniquely affected by criminal procedure norms and substantive
criminal law, as well as how state and the federal government have sought to police criminal
activity by noncitizens. This course will address emerging areas of post-conviction relief in
California.
Basis of Grade
Your grade for this course will be comprised of your performance on one writing assignment,
one midterm, and one final exam, plus your participation in class discussions. In addition, I am
planning a field trip to either Orange County Jail to visit ICE officers, LA Immigration Court or
Adelanto ICE Detention Center. This trip will occur two months after the start of the semester, so
you can make arrangements to attend with no excuse. I will also ask for three dates we can all
agree on, so that I may approach ICE with these dates. The writing assignment will be associated
with this trip as well. Deadlines and general information about the writing assignments will be
announced later in the semester.
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For those who absolutely cannot attend the field trip, they must discuss the excuse with me.
Work-related and childcare related are not sufficient excuses because I am giving you two-month
notice to arrange for this trip.
Percentage Breakdown
Writing Assignment: 15% of your grade
Class Participation: 10% of your grade
Midterm: 25% of your grade
The remaining 50% of your grade will be composed of a final exam.
Required and Suggested Materials
1) Immigration Consequences of Criminal Activity, 7th Edition (hardcopy)
2) Immigration and Nationality Act (hardcopy or electronic)
3) Title 8 of the Code of Federal Regulations (hardcopy or electronic)
Other materials will be distributed in hard copy or electronically via TWEN.
ABA Standard 310
This course is designed to satisfy the requirements of ABA Standard 310. Standard 310 requires
that for each hour of in-class time, students spend two hours preparing for class (reading or
completing class assignments or assessments).
Course Objectives
Students will learn to analyze constitutional, statutory, and regulatory provisions pertaining to
immigration, as well as procedural and substantive requirements of criminal proceedings as they
affect noncitizens. Participants will also consider the motivations that resulted in various
enforcement policies grounded in civil or criminal law affecting immigration and the immigrant
community.
Course-Specific Learning Outcomes
By the end of the course students should know the difference between deportable and
inadmissible offenses, the distinct burdens of parties in removal proceedings, and understand the
classification of offenses that trigger immigration consequences. The student will learn to
identify risks for noncitizens in removal proceedings and describe on available defenses. The
student will also be able to identify and articulate the broader history of criminalization of our
nation’s immigration system.
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Disability Accommodations Statement
Students with disabilities should refer to the policies described at the University of La Verne
Disabled Student Services Handbook [as of September 13, 2017 located at
https://sites.laverne.edu/disabled-student-services/disabled-student-services-handbook/, which
can be found on the website of the University of La Verne Disabled Student Services website
(https://sites.laverne.edu/disabled-student-services/disabled-student-services-handbook/) or at
their office. Temporary accommodations are offered on a case by case basis. All required
documentation must be submitted by the student before any formal accommodations and should
be made directly to the Director of Student Affairs.
Any student eligible for and requesting academic accommodations due to a documented
disability (or a suspected disability) is asked to contact the College of Law Director of Student
Affairs and Americans with Disability Act Compliance Officer, Akita Mungaray by email at
[email protected] or by phone at (909) 460-2017. Her office is located on the first floor of
the College of Law, Office # 107. You can also contact Cynthia Denne at the University of La
Verne Disabled Student Services office at (909) 448-4441. The office is located at the La Verne
campus Health Center. In order to be considered for accommodations, disabilities must be
documented, and the proper medical evaluations must be submitted. The office is here to help
you succeed in law school. Visit it online at https://sites.laverne.edu/disabled-student-services/.
Course-Specific Policies
You are expected to be in your seats and ready to begin class promptly at the start of each
class.
Your failure to be timely could cost your client his case, and even his freedom. Everyone has to
contend with unexpected contingencies (e.g., traffic, computer crashes, doctor appointments,
etc.). Schedule your day such that you may manage such contingencies when they occur.
Tardiness will affect your class participation grade and may even constitute an absence.
Plagiarism
Plagiarism is unethical and is prohibited by College of Law policy. A violation of this policy will
result in a score of zero on the assignment and the student being reported to the appropriate law
school office for investigation. Further, the student may receive a grade of no credit in the
course. Plagiarizing may adversely affect your moral character determination with the state bar,
and your future career. To avoid this possibility, student should keep in mind that assignments
are submitted for academic credit and that academic practices may differ somewhat from those
of practicing attorneys. Students should also review the Student Handbook to familiarize
themselves with the College of Law Plagiarism Policy.
Timely Completion of Assignment:
All assignments are due by the stated deadline. NO LATE WORK WILL BE ACCEPTED.
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Reading Assignments
Week Topic Readings
8/25 What is Crimmigration?
Consequence of Criminal Activity
Removal from the United States and
Detention
pp. 1-36, 57-92, 109-133
Padilla v. Kentucky, 559 U.S. 356
(2010) (Opinion, Concurrence &
Dissent)
People v. Soriano, (1987) 194
Cal.App.3d 1470, 240 Cal. Rptr.
328.
Chaidez v. U.S., 568 U.S. 342
(2013)
Jae Lee v. US, 582 U.S. __ (2017)
Challenging Crimmigration:
Applying Padilla Negotiation
Strategies Outside the Criminal
Courtroom, Adina B. Appelbaum,
Georgetown Journal of Law &
Modern Critical Race
Perspectives 2018; 6 Geo. J. L. &
Mod. Critical Race Persp. 217
(2014)
9/8 Consequence of Criminal Activity
Removal from the United States &
Detention
pp. 580-671; 157-204
Young v. Holder, 634 F.3d 1014
(9th Cir. 2011)
Updated Guidance for the
Referral of Cases and Issuance of
Notices to Appear (NTAs) in
Cases Involving Inadmissible and
Deportable Aliens, USCIS, Policy
Memorandum (PM-602-0050.1)
June 28th, 2018
Issuance of Certain RFEs and
NOIDs; Revisions to
Adjudicator’s Field Manual
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(AFM) Chapter 10.5(a), Chapter
10.5(b), USCIS, Policy
Memorandum (PM-602-0163)
July 13th, 2018
Matter of Siniauskas, 27 I&N
Dec. 207 (BIA 2018)
Matter of GUERRA, 24 I&N Dec.
37 (BIA 2006)
9/15 Consequence of Criminal Activity
Detention and Categorical Approach
pp. 235-243
INA 236, INA 241, INA 287
Jennings v. Rodriguez, 583 U.S.
___ (2018),
Aleman Gonzalez v. Sessions, No.
3:18-cv-01869 (N.D. Cal.).
Demore v. Kim, 538 U.S. 510
(2003)
Casas-Castrillon v. DHS, 535
F.3d 942 (9th Cir. 2008)
Diop v. ICE/DHS, 656 F.3d 221
(3rd Cir. 2011)
Preap v. Johnson, 831 F.3d 1193
(9th Cir. 2016)
Lopez-Rodriguez v. Mukasey, 636
F.3d 1012 (9th Cir. 2008)
United States v. Arizona, 567 U.S.
387 (2012)
9/22 Immigration Consequences and the
Categorical Approach
pp. 244-301
Descamps v. US, 570 U.S. __
(2013)
Esquival-Quintana v. Sessions,
581 U.S. ___ (2017)
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Mathis v. US, 579 U.S.____
(2016)
Moncrieffe v. Holder, 569 U.S.
184 (2013)
Mellouli v. Lynch, 575 U.S. ____
(2015)
Nijhawan v. Holder, 557 U.S. ___
(2009)
Kevin Johnson, Doubling Down
on Racial Discrimination: The
Racially Disparate Impacts of
Crime Based Removals, 66 Case
W. Res. L. Rev. 993 (2016)
9/29 Immigration Consequences: Crimes of
Moral Turpitude and Aggravated Felonies
pp. 303-331
Matter of Sanudo, 23 I&N Dec.
968 (BIA 2006).
Matter of Hernandez-Casillas, 20
I&N Dec. 262, 278 (BIA 1990,
AG 1991), aff’d mem. Sub nom.
Hernandez-Casillas v. INS, 983
F.2d 231 (5th Cir. 1993)
Matter of Short, 20 I&N Dec. 136
(BIA 1989)
Uppal v. Holder, 605 F.3d 712
(9th Cir. 2010)
People v. Mansfield, (1988) 200
Cal. App. 3d 82
Ledezma-Galicia v. Holder, 636
F.3d 1059 (9 th Cir. 2010)
10/6 Immigration Consequences: Crimes of
Moral Turpitude and Aggravated Felonies
pp. 341-372
Ceron v. Holder, 747 F.3d 773
(9th Cir. 2014)
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U.S. v. Jimenez-Arzate, 781 F.3d
1062 (9th Cir. 2015)
Sessions v. Dimaya, 584 U.S. __
(2018)
Fernandez-Ruiz v. Gonzales, 466
F.3d 1121 (9th Cir. 2006)
Tokatly v. Ashcroft, 371 F.3d 613
(9th Cir. 2004)
10/13 Immigration Consequences: Beyond
CIMT and Aggravated Felonies: Crimes
of Violence, Domestic Violence
pp. 372-408
18 USC §16
INA 237(a)(2)(E)(ii)
Cisneros-Perez v. Gonzales, 451
F.3d 1053 (9th Cir. 2006)
Matter of H. Estrada, 26 I&N
Dec. 749 (BIA 2016)
Matter of Sanchez- Lopez, 27 I&N
Dec. 256 (BIA 2018), overruling
Matter of Sanchez-Lopez, 26 I&N
Dec. 71 (BIA 2012)
Malta-Espinoza v. Gonzales, 478
F.3d 1080 (9th Cir. 2007)
Matter of U. Singh, 25 I&N Dec.
670 (BIA 2012).
10/27 Immigration Consequences: Beyond
CIMT and Aggravated Felonies: Crimes
of Violence, Domestic Violence continued
pp. 443-480, 519-578
Matter of Obshatko, 27 I&N Dec.
173 (BIA 2017)
Szalai v. Holder, 572 F.3d 975
(9th Cir. 2009),
Matter of Strydom, 25 I&N Dec.
507 (BIA 2011)
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Alanis-Alvarado v. Holder, 558
F.3d 833, 835, 839-40 (9th Cir.
2009)
11/3 Immigration Consequences: Controlled
Substances
Mielewczyk v. Holder, 575 F.3d 9
92, 994 (9th Cir. 2009)
Nunez-Reyes v. Holder, 646 F.3d
684, 690 (9th Cir. 2011)
Carachuri-Rosendo v. Holder,
560 U.S. 379 (2010)
Matter of Batista-Hernandez, 21
I&N Dec. 955 (BIA 1997).
Matter of Paulus, 11 I&N Dec.
274 (BIA 1965)
Coronado v. Holder, 759 F.3d 977
(9th Cir. 2014)
Esquivel-Garcia v. Holder, 593
F.3d 1025 (9th Cir. 2010)
U.S. v. Leal-Vega, 680 F.3d 1160
(9th Cir. 2012)
Rodriguez v. Holder, 619 F.3d
1077 (9th Cir. 2010)
Pazcoguin v. Radcliffe, 292 F.3d
1209 (9th Cir. 2002).
Matter of Y-L-, A-G-, & R-S-R, 23
I&N Dec. 270 (A.G. 2002)
11/10 Immigration Consequences: Firearms and
other offenses
INA § 237(a)(2)(C)
Medina-Lara v. Holder, 771 F.3d
1106, 1116 (9th Cir. 2014)
U.S. v. Aguilera- Rios, 769 F.3d
626 (9th Cir. 2014)
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U.S. v. Coronado, 603 F.3d 706
(9th Cir. 2010)
U.S. v. Casterline, 103 F.3d 76, 78
(9th Cir. 1996)
U.S. v. Pargas-Gonzalez, 2012
WL 424360, No. 11CR03120
(S.D. Cal. Feb. 9, 2012)
Immigrant Legal Resource Center
§ N.12 Firearms Offenses,
January 2013.
11/17 Immigration Consequences: Fashioning a
plea & Post Conviction Relief Options
pp.697-734
Matter of Pickering, 23 I&N Dec.
621, 624 (BIA 2003)
Matter of Adamiak, 23 I&N Dec.
878 (BIA 2006)
Norton Tooby & Andrew J.
Phillips, New Motion to Vacate
Under Penal Code §1473.7 on
Immigration-Related Grounds of
Invalidity, November 7, 2016.
Brady, Kathy and Cahn, Rose,
Helping Immigrant Clients with
Proposition 47 and Other Post-
Conviction Legal Options,
Californians for Safety and
Justice, Immigrant Legal
Resource Center, & Lawyer’s
Committee for Civil Rights of the
San Francisco Bay Area.
Transforming Public Defense in
the Era of Mass Deportation,
Andres Dae Keun Kwon
Brady, Kathy and Mehr, Michael
K., New California Drug
Provisions Helps Immigrants:
Plea Withdrawal after Deferred
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Entry of Judgment (DEJ),
Immigrant Legal Resource Center,
October 2015.
11/26
-28 or
12/1
Make-up classes to TBD ****
Appendix of Mission, Values and Learning Outcomes
University of La Verne Mission and Values
It is the mission of the University of La Verne to provide opportunities for students to achieve
their educational goals and become contributing citizens to the global community.
The University of La Verne shares four core values that promote a positive and rewarding life for
its students through fostering a genuine appreciation and respect for:
1. Values Orientation. The University affirms a philosophy of life that actively supports
peace with justice, the health of the planet and its people. Therefore, in light of this
affirmation, it encourages students to become reflective about personal, professional,
and societal values. It also encourages values-based ethical behavior.
2. Community and Diversity. The University promotes the goal of community within a
context of diversity. Therefore, it encourages students to understand and appreciate
the diversity of cultures that exists locally, nationally, and internationally. It also seeks
to promote appreciation and preservation of biodiversity by helping students
understand the impact/dependence of human beings on their environment.
3. Lifelong Learning. The University commits itself to promoting education that
facilitates lifelong learning. Therefore, it teaches students how to learn, to think
critically, to do constructive research, and to access and integrate information in order
to prepare them for continued personal and career growth.
4. Community Service. The University believes that personal service is a primary goal
of the educated person. Therefore, it encourages students to experience the
responsibilities and rewards of serving the human and ecological community.
University of La Verne College of Law Vision, Mission, and Values
VISION
La Verne Law is an incubator for innovation in legal education, thought, and advocacy for
individuals passionate about serving their communities and promoting access and justice.
MISSION
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The mission of La Verne Law is to guide our students in the discovery of law and self as they
prepare for the practice of law or other professional careers. Our faculty of scholars and teachers
is committed to creating an innovative, collaborative learning environment designed to develop
the knowledge and skills relevant to achieving individual and professional success.
Our mission encompasses educating, as well as enhancing the professional lives of, the members
of the local, regional, national, and international communities we encounter – students, faculty,
staff, administrators, alumni, members of the bench and bar, and others who pursue social
justice.
Our mission is grounded in the core values of the University of La Verne – life-long learning,
ethical reasoning and decision-making, diversity & inclusivity, and community & civic
engagement.
Difference-making is our legacy.
CORE VALUES
University Values: As a College within the University of La Verne we adopt and endorse the
University core values of Lifelong Learning, Diversity and Inclusivity, Community Engagement,
and Ethical Reasoning.
College of Law Core Principles and Values: As an institution dedicated to teaching and
training the next generation of lawyers and leaders, we operate institutionally and individually on
the principles of professionalism, innovation, ethics, student centeredness and community
enhancement. In our actions and interactions, we are and seek to be affirming, respectful,
humble, accountable, committed, inclusive, empathetic, responsive, passionate, and positive.
University of La Verne College of Law Program Objectives
A. Upon completion of the program of legal education, students will possess the skills and
knowledge to enable them to pass any bar examination of their choosing.
B. Upon completion of the program of legal education, students will possess those skills to
participate as respected members of the legal profession.
C. Upon completion of the program of legal education, students will model ethical,
responsible, and professional behavior.
D. Upon completion of the program of legal education, students will embrace cultural
differences and civic and community engagement.
American Bar Association Standard 302: LEARNING OUTCOMES
A law school shall establish learning outcomes that shall, at a minimum, include competency in
the following:
(a) Knowledge and understanding of substantive and procedural law;
(b) Legal analysis and reasoning, legal research, problem-solving, and written and oral
communication in the legal context;
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(c) Exercise of proper professional and ethical responsibilities to clients and the legal system;
and
(d) Other professional skills needed for competent and ethical participation as a member of the
legal profession.
In compliance with ABA Standard 302, the University of La Verne College of Law has
established the following.
University of La Verne College of Law Program Learning Outcomes
1. Students shall demonstrate knowledge and understanding of substantive and procedural
law.
2. Students shall demonstrate competence in legal analysis and reasoning.
3. Students shall demonstrate competence in conducting legal research.
4. Students shall demonstrate competence in problem-solving.
5. Students shall demonstrate competence in written and oral communication.
6. Students shall be able and motivated to exercise proper professional and ethical
responsibilities to clients, the legal system, and the wider community.
7. Students shall demonstrate competent litigation skills.
8. Students shall demonstrate competent transactional skills.
9. Students shall apply cultural competency while exercising their legal skills.