Immigration Outline
I. What’s the Immigration Law
A. What’s the Immigration Law
a. Body of statutory, regulatory, and case law that regulates the admission and the removal of aliens
1. “Alien” = Noncitizen
2. “Admission” = Lawful entry into USA after inspection and authorization
3. Removal
B. Vocabularies
a. LPR = Lawful permanent Resident
b. LPR = Immigrant
1. Distinguish: Nonimmigrant v. Immigrant (LPR)
c. “Green Card” = I-551 = LPR
d. Asylum
e. Refugee
f. Removal/Deportation
II. Administration of Immigration Law (Agencies)
A. Department of Homeland Security
a. U.S. Customs & Border Protection (CBP)
1. Seizure of goods and people
b. U.S. Immigration & Customs Enforcement (ICE)
c. U.S. Citizenship & Immigration Services (USCIS)
1. Adjudicating the benefits of legal alien who have already been here
B. DEPARTMENT OF JUSTICE (DOJ)
a. Executive Office for Immigration Review(EOIR)
1. One of their job is to sanction the employer who hired un-document aliens.
2. In this kind of cases, they appeal to administrative judge, not immigration judge.
Immigration Judges (IJ)
1. Conducting immigration removal hearings
c. Board of Immigration Appeals (BIA)
1. Taking appeals from Immigration Judges
d. Office of Immigration Litigation (OIL)
C. DEPARTMENT OF STATE (DOS)
a. Consular Officers
D. DEPARTMENT OF LABOR (DOL)
a. The Labor Certification Process
E. ADMINISTRATIVE DECISIONS
a. Board of Immigration Appeals (“BIA”)
b. Administrative Appeals Office (“AAO”)
c. Board of Alien Certification Appeals (“BALCA”)
III. Statutory Framework
A. Statutory Framework
a. 1952 – Immigration & Nationality Act (INA)
b. 1980 – Refugee Act
c. 1986 – immigration Reform & Control Act (IRCA)
d. 1990 – Immigration Act (IMMACT)
1. Reform legal immigration
2. Bring in diversity and skill worker, and kick out non-skilled workers
e. 1996 – AEDPA & IIRIRA
1. Tougher Control on legal immigration
2. Eliminate or reduce legal immigrants’ benefits
f. 2002 – Homeland Security Act (HAS)
g. 2005 – Real ID Act
B. The INA
a. 8 U.S.C. §§ 1101 et seq.
b. INA § 101
c. Conversion Table
C. THE HSA – 116 Stat. 2135
a. 6 U.S.C. Chapter 1
b. HSA § 1517
D. IMPLEMENTING REGULATIONS
a. 8 C.F.R. Chapter I (DHS)
b. 8 C.F.R. Chapter V (+1000)(EOIR)
c. 20 C.F.R. 655 (DOL)
d. 22 C.F.R. Parts 41-53 (DOS)
IV. Who can represent an “Alien” before an agency?
A. A person entitled to representation may be represented by the following: (8 CFR 292.1)
a. Attorneys barred in the US
b. Law Students and Law Graduates
c. Reputable Individuals
d. Accredited Representatives
e. Accredited officials
f. Attorneys outside of the US
B. Attorneys barred in the US – 8 CFR 292.1: 1.1(f)
a. A member of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia
b. In go
hom he wished to appear
1. The official is namely an immigration judge, district director, officer-in-charge, regional director, the Commissioner, or the Board
E. Accredited Representatives
a. A person representing an organization described in 292.2 of this chapter who has been accredited by the Board.
F. Accredited officials
a. An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien’s consent.
G. Attorneys outside of the US
a. Who are Attorneys outside of the U.S.
1. An attorney other than one described in 1.1(f) of this chapter
2. Being licensed to practice law in a court of general jurisdiction of the country in which he/she resides
3. In good standing
4. Being engaged in such practice (Immigration Law)
b. As a matter of discretion
c. Former employees. No person previously employed by the Department of
Justice shall be permitted to act as a representative in any case in violation of the provisions of 28 CFR 45.735–7.
Amicus curiae. The Board may grant permission to appear, on a case-by-case basis, as amicus curiae, to an attorney or to an organization represented by an attorney, if the public interest will be served thereby.
