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UB Law: Immigration & Nationality Law

September 10, 2020

Combine classes 3 & 4 (focus will be on the border)

Course reading: pages 83-123

Chapter - 2

Arizona v. United States (pgs 83-100)

Topic #1

  • Sanctuary city controversy

  • Any current litigation?

Executive Authority over Immigration Law

Topic #2

  • The power of the states

  • Problem 1-5: The Power of the States (pg 107)

Can you state join litigation opposing an action the executive branch has taken concerning immigration law?

  • City and County of San Francisco v. Sessions (pg 110-122)

Immigration Power at the Borders: Finding the Dividing Lines

Problem 1-1 Where Do We Begin?

• Immigration and Nationality Act (INA) regulations

• 8 CFR

• Foreign Affairs Manual

• Overview of CBP—show CBP sizzle video; review stats on page 129

https://www.cbp.gov/sites/default/files/assets/documents/2020-Jun/CBP-Snapshot-20200611-web.pdf

https://www.cbp.gov/newsroom/stats/typical-day-fy2019

Overview of docs:

Passport

Visa

• Problem 2-1 to 2-5: Arrival at an Airport (pg 133)

Pierre Abdullah:

H-1B visa stamp

Labor cert approved/green card petition filed

Ramona Rivera (CBP part-time inspector at JFK)

Joseph Brown (LPR) and Debbie Brown (US citizen)

Problem 2-1

Debbie loses her US passport

Joe is an LPR but has been outside of the US for more than six months

Case law: In re Pena (BIA 2015)

Important Concepts:

1. Definition of admission

2. Who is subject to inspection?

3. Expedited Removal

Pierre Abdullah (nonimmigrant worker)

Problem 2-2

Important Concepts:

1. Visa Stamps—UVS Division

2. Temporary v. Permanent Intent

3. Expedited Removal

4. NSEERS

5. Biometrics Screening

6. Travel Ban

7. Withdraw an Application as an Option

8. Visa Waiver program

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