I. INTRODUCTION (Chapter 1)
Treaties: law of the land. Same level as statutes. If there is a conflict between statutes and treaties, then it’s whatever happened more recently (last in time rule).
Statute: Immigration and Nationality Act (INA) – McCarin Walter Act of 1952 as amended
Regulation: Code of Federal Regulations (CFR) – every time you change a law and add on an agency, you feed the lawyer but hurt the people.
Department of Homeland Security – responsible for enforcement of immigration laws from the border and within US
Department of Justice- adjudicatory arm on immigration questions
Dept of State – Consulate Offices – to work overseas and decide if someone gets a visa
Dept of Labor- part of the immigration control is to protect US workers, so the Dept of Labor is involved. Has to determine the person coming into US will not take away a job from someone in US. (known as the labor certification process)
Department of Health and Human Services – to protect us from communicable diseases from other nations (ex. SARS), scientist who knows what’s dangerous and what’s not (physically, or psychologically)
OI’s – operating instructions
FAM – foreign affairs manual
TAG – technical assistance guide – for the dept of labor
US Circuit Courts – limited jurisdiction: only to applicants there
US District Courts – limited jurisdiction: only to applicants there
Agency Decisions (DHS) – not reviewable.
In administrative law, look at the administrative record – the only thing to look at is what the agency had before it. When the court is looking at this case, only look to see if there was abusive discretion by the immigration judge to deny the motion to reopen. NOT about due process
Very hard burden to prove – should have made all the types of relief available to him at the beginning – hearing before the immigration judge.
Look at: Is court more willing to look at it as a matter of discretion, or as a matter of law? Courts don’t want to be constantly overturning agency’s determination.
1. Bureau of Citizenship & Immigration Services (BCIS) Director
2. Bureau of Immigration and Customs Enforcement (BICE)
3. Bureau of Customs & Border Protection (BCBP) – border control
a. BCIS, BICE Local Offices
b. Lower Level Employees
o Attorney General (DOJ – Executive Office o
Nonimmigrant –no intention of staying for a long time
Immigrant – want to stay here for longer because of family, job
Refugee – fit within a certain category of people, interview and given refugee travel document
Travel, Arrive at USA Border – apply to come in (or snuck across border)
Inspection—to be qualified for the visa that was given to you, and allow you to come in (or turn you back)
Those who snuck across – did not go through inspection. However, as long as they are IN the US – have some 14th amendment rights.
Living in US — Status:
LPR – Lawful Permanent Resident- 2 ways:
Goes from non immigrant to adjustment of status to a permanent resident citizen (§245). Example: after they have been in the US and is married to US and want to be a PR, has to apply for an adjustment of status to change