Proceedings in Immigration Court: The Removal Process and Applications for Relief

This course will cover what happens once a non-citizen has been charged and placed in immigration removal proceedings (formerly called deportation proceedings). The student will study each step of the proceeding, with the choices that the client and her representative must make in the effort to avoid removal: responding to the charges and putting the government to its proof; determining the client's immigration history; determining the client's eligibility for any relief from removal; preparing a winning case on paper; preparing the client and other witnesses to testify; what options are available for appeal and the requirements for filing a motion to reopen. The course will cover the legal standards and the preparation of the following applications for relief: cancellation of removal, Violence Against Women Act (VAWA) cancellation of removal, and asylum relief along with withholding of removal and relief under the Convention Against Torture. Given that recent developments have greatly increased the complexity of asylum law, the course will cover this area in depth. The course will also briefly cover adjustment of status and voluntary departure. The course will not emphasize courtroom skills; however, we plan to arrange a visit for the class to Immigration Court near the middle of the semester. In addition, the skills necessary to prepare court cases will be emphasized throughout the course, with class discussion and exercises. Five years experience with the field of immigration law required for students who have not taken ILAW 601.

Fall, Spring

026544