I. Joseph Hearings- pg. 224. Δ may argue that congress’s criteria for mandatory detentioon has been not been meet.
II. the act = immigration & nationality act
III.public charge- burden on society
IV. deport- remove someone who is physically and partially legally present
V. admitted- legally allowed into the country. Issue of exclusion.
A)Nyugen. Pg. 175 see exclusion/deport difference
VI. Plenary power pg. 230/1
D)Separation of powers (avoiding full legislation)
E)look for procedural due process if removal or LPR abandonment case. I.e. Pg. 144
VII. child definition- 101 (b)(1).pg. 280
H)restrictions on “born out of wedlock”, stepchildren, and adopted children.
VIII. brother/sister- INA 203(a) pg. 280
IX. step sibling statute 101 (b)(1)(A) pg. 282
I)born in or out of wedlock and
J)not yet 18 at time of marriage
K)the marriage that created the stepsiblings still exist or
L)if death/divorce/legal parent separation then step sibling relationship can exists as a matter of fact. Pg. 283
II)INA § 101(b)(1)(D)- if the father has or had a bona fide parent-child relationship with the person.. pg 283
III)Legitimated child- INA 101(b)(1)(C)- pg. 281. legitimation of a child born out of wedlock occurs only by the subsequent marriage of the natural parents together with a prior or contemporaneous acknowledgement of the child
XIV. go to Tokyo-US embassy website. See US Visas
XV. non-immigrant visa’s. admissions, exclusions, & counselor processing
XVI. label ¶ and list how different classes are treated differently.
XVII. break up categories by immigrant & non-immigrant category
XVIII. when doing problems list all possibilities b/c tables can jump.
XIX. know quota’s generally. Can do question 1 and 2. not for tes.
XX. keep your client in the country if possible. They can participate I proceedings.
XXI. bring in own statutes for exam
XXII. read through EB1 categories.
XXIII. problem 1 pg. 243
XXIV. problem 2 pg. 246
XXV. write-up pg. 377 #5
XXVI. review pg. 172 note 3
XXVII. how could the race card turn up on an exam like on pg. 117
XXVIII. problem 3 pg. 254.
XXIX. pg. 286 #13,14,15
XXX. PERM pg. 296
Sovereignty- passed from crown to state’s in collective capacity. So no constitutional grant is necessary. Pg. 118. A license to an alien can be revoked at any time, and they may employ their nations diplomacy to remedy. Pg. 111.
corpus for unlawful detention.
4. Ct. decides that since Immigrant Inspection applied facts to public charge statute (statutory interpretation) he was delegated final determination from congress.
1. Note b/c facts were applied to statute Immigrant Inspector was not arbitrary & capricious *congress does have limitations.
2. due process of laws comes from Decision of executive or administrative office b/c authority was granted by congress
*like immigrant inspector’s discretion today at U.S. port of entry (Intent to Immigrate & Public Charge)
*applies to non-naturalized, non-residence or domiciled person that was never admitted to the U.S. pursuant to law. Pg. 123.
XL. Ting v. US pg. 124
1. All Chinese immigrants are deportable unless they were living in the US on the date of statute enactment unless
1. Unavoidable circumstances caused lost certificate
2. One white wittiness says lived in country when law was enacted…
2. Majority- resident alien is just returned not punished so due process of law is not required. Pg. 128
3. Brewer dissented-