Immigration Law Final

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Durst – Immigration Law Final – Fall 2020

FINAL EXAMINATION

This exam consists of two essay questions, worth 50 points each, for a total of 100 points. For both questions, you should spend 20-30 minutes reading and outlining, and 60-70 minutes writing. At the end of the exam, there is a bonus worth 5 points total; you will receive credit for the bonus only if you first answer all parts of both essay questions.

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Essay Question I (1-1/2 hours; 50 points)

You represent Jane Janeiro, a native and citizen of Brazil, who has consulted you regarding her immigration status. Please review the attached case file, which includes (i) a summary of the interview with Jane, which you should assume is reliable and complete, and (ii) relevant sections of the California Penal Code. Then discuss the following questions fully, making sure that you identify the governing rule(s), the legally significant facts (including those facts that may undermine your conclusions), and any relevant policy concerns. Give Jane your best advice.

Note that Jane is not eligible for DACA (Deferred Action for Childhood Arrivals) because she arrived too late.

1A. Will Jane be removable under § 237(a)(2) [8 U.S.C. § 1227(a)(2)] if she pleads guilty to either charge? Discuss both potential pleas in as much depth as necessary. If the same doctrine applies to both pleas, you need not repeat the doctrine itself (i.e., the rules), but you should refer back to the prior rule discussion, and then apply the rule(s) to the second situation. (30 points)

1B. Assuming that minimally Jane is removable for unlawful presence under § 237(a)(1)(B) [8 U.S.C. § 1227(a)(1)(B), does she qualify for cancellation of removal under § 240A(b)(1) [8 U.S.C. § 1229b(b)(1)]? (20 points)

 

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Summary of Interview with Jane Janeiro

Jane Janeiro is a 21-year-old native and citizen of Brazil. She has resided in the United States since September 2008 (age 9). She first entered the United States in F-4 status (minor child accompanying F-1 student) with her parents, both of whom are natives and citizens of Brazil. Her father entered in F-1 status to complete his doctoral degree in information technology at Stanford University. In 2012, her parents divorced, and her father returned to Brazil.

From 2008 -2011, Jane spent one month every summer with her grandparents in Brazil. Since summer 2011, Jane has not left the United States.

Jane attended school and graduated from high school in California. In September 2018, she began attending the University of California at Irvine, majoring in information technology. She receives good grades and expects to graduate in June 2022.

In October 2020, Jane attended a Black Lives Matter protest in Los Angeles. Jane’s behavior was peaceful during the protest. Nevertheless, she and several friends were arrested and charged with failure to disperse under Penal Code § 409 and resisting a police officer under Penal Code § 148(a)(1). She has a court appearance scheduled for January 2021.

Jane’s mother recently married her United States citizen boyfriend and applied for lawful permanent residence. She is waiting for her conditional residence hearing. She intends to petition for Jane’s permanent residence under family preference 2B as soon as she is able. According to the December 2020 Visa Bulletin, immigrant visas under that preference are available only to persons with priority dates up to July 2015.

Jane is an only child. Her mother has no family remaining in Brazil; her mother’s two older siblings have immigrated to the U.S. Jane’s mother is healthy.

Jane speaks some conversational Portuguese; her reading and writing skills are very basic. She hears from her father regularly, and he visits her in the U.S. once a year. Jane’s father paid child support and pays her school fees. Jane works part-time as a math tutor to earn her living expenses.

End of Summary of Jane’s Interview

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Durst – Immigration Law Final – Fall 2020

Relevant Sections of California Penal Code

Penal Code § 407: Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. Penal Code § 409: Every person remaining present at the place of any riot…or unlawful assembly, after the same has been lawfully warned to disperse…is guilty of a misdemeanor. Penal Code § 19: Except in cases where a different punishment is prescribed…, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both. Note: Penal Code § 19 applies to Penal Code § 409. Penal Code § 148(a)(1): Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician…, in the discharge or attempt to discharge any duty of his or her office or employment…shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

End of Relevant Statutes

 

END OF ESSAY QUESTION I

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Essay Question II (1 and 1/2 hours; 50 points)

Derek Delhi, a 27-year-old native and citizen of India, has consulted you about

potential paths to immigrate to the United States. Derek has two job offers. Both potential employers are willing to petition for his lawful permanent residence. Please review the attached case file, which includes (i) a summary of the interview with Derek, which you should assume is reliable and complete, and (ii) relevant sections of O*Net, concerning his two job offers. Then discuss the following questions fully, making sure that you identify the governing rule(s), the legally significant facts (including those facts that may undermine your conclusions), and any relevant policy concerns. Give Derek your best advice.

IIA. Evaluate fully the immigration benefits and detriments of accepting either job

offer. Be sure to raise and evaluate any arguments the government may raise in opposition to his employment-based immigration for either position. (40 points)

IIB. For either position, what additional steps must Derek take if he wants to

remain in the U.S. lawfully while he pursues lawful permanent residence (apart from the steps discussed above in your answer to 2A)? (10 points)

 

Summary of Interview with Derek Delhi

Derek is a registered nurse, who completed his Bachelor of Science degree in India and worked there for two years as a surgical nurse. In August 2019, he lawfully entered the U.S. on a student (F-1) visa to pursue his Master’s degree in Business Administration, with a concentration in hospital administration. He expects to graduate in May 2021. His F-1 visa is for “duration of status.”

The first job offer arose from an internship Derek held last school year (2019-

2020) as part of his graduate studies. He interned in various administrative departments in a major hospital in San Diego (“Hospital 1”), and the hospital now wishes to hire him as a hospital manager. When he enrolled in the MBA program, he wanted to pursue this precise career.

Derek also has an offer to work as a nurse at a different hospital (Hospital 2).

Hospital 2 will give him a stipend to cover his expenses while he studies for the licensing exam, which is scheduled for the end of May 2021. He should receive his results by the end of August 2021.

The salary for the hospital manager position is twice the salary offered for the

nursing position.

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Derek is not married and does not have any close family in the United States. Derek has not engaged in any conduct that would violate his non- immigrant status in the U.S. or otherwise render him inadmissible or removable. He does not have any criminal record.

End of Summary of Derek’s Interview

A copy of the current Visa Bulletin and applicable O*Net job descriptions

follow.

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December 2020 Visa Bulletin

Employment- based

All Chargeabil ity Areas Except Those Listed

CHINA – mainla nd born

EL SALVADO R GUATEM ALA HONDUR AS

INDIA MEXICO PHILIPPI NES

VIETN AM

1st C 01APR19 C 01APR 19 C C C

2nd C 01MAY16 C 01OCT 09 C C C

3rd C 01NOV17 C 15MAR 10 C C C

Other Workers C 15FEB09 C 15MAR 10 C C C

4th C C 01FEB18 C 22NOV18 C C

Certain Religious Workers

C C 01FEB18 C 22NOV18 C C

5th Non- Regional Cente r (C5 and T5)

C 15AUG15 C C C C 01SEP17

5th Regional C enter (I5 and R5)

C 15AUG15 C C C C 01SEP17

 

 

END OF VISA BULLETIN

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Note from Professor Durst: the following two O*Net reports are heavily edited to focus on what you need to answer the essay question.

 

Summary Report for: 29-1141.00 – Registered Nurses

Updated 2020

 

Assess patient health problems and needs, develop and implement nursing care plans, and maintain medical records. Administer nursing care to ill, injured, convalescent, or disabled patients. May advise patients on health maintenance and disease prevention or provide case management. Licensing or registration required.

Sample of reported job titles: Charge Nurse, Emergency Department RN (Emergency Department Registered Nurse), Oncology RN (Oncology Registered Nurse), Operating Room Registered Nurse (OR RN), Public Health Nurse (PHN), Registered Nurse (RN), School Nurse, Staff Nurse, Staff RN (Staff Registered Nurse)

Tasks

Maintain accurate, detailed reports and records. Administer medications to patients and monitor patients for reactions or side effects. Record patients’ medical information and vital signs. Monitor, record, and report symptoms or changes in patients’ conditions. Consult and coordinate with healthcare team members to assess, plan, implement, or evaluate patient care plans.

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Job Training

Job Zone Three: Medium Preparation Needed

Most occupations in this zone require training in vocational schools, related on-the-job experience, or an associate’s degree.

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Previous work-related skill, knowledge, or experience is required for these occupations. Many often must have passed a licensing exam in order to perform the job. A recognized apprenticeship program may be associated with these occupations.

Specific Vocational Preparation (SVP) (6.0to<7.0): [defined as] minimum two-four years of education and experience

Wages & Employment Trends

Median Wages (2019)

$35.24 hourly, $73,300 annual

Employment (2019)

3,096,700 employees

Projected growth (2019-2029)

Faster than average (5% to 7%)

Projected job openings (2019-2029)

175,900

 

END OF O*NET REPORT FOR REGISTERED NURSES

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Summary Report for: 11-9111.00 – Medical and Health Services Managers

Updated 2020

 

Plan, direct, or coordinate medical and health services in hospitals, clinics, managed care organizations, public health agencies, or similar organizations.

Sample of reported job titles: Clinical Director, Health Information Management, Corporate Director, Health Information Management Director, Health Manager, Mental Health Program Manager, Nurse Manager, Nursing Director

Tasks

Develop and maintain computerized record management systems to store and process data, such as personnel activities and information, and to produce reports.

Direct, supervise and evaluate work activities of medical, nursing, technical, clerical, service, maintenance, and other personnel.

Direct or conduct recruitment, hiring, and training of personnel.

Develop and implement organizational policies and procedures for the facility or medical unit.

Conduct and administer fiscal operations, including accounting, planning budgets, authorizing expenditures, establishing rates for services, and coordinating financial reporting.

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Knowledge

Administration and Management — Knowledge of business and management principles involved in strategic planning, resource allocation, human resources modeling, leadership technique, production methods, and coordination of people and resources.

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Job Training

Job Zone Five: Extensive Preparation Needed

Most of these occupations require graduate school. For example, they may require a master’s degree, and some require a Ph.D., M.D., or J.D.

Extensive skill, knowledge, and experience are needed for these occupations. Many require more than five years of experience.

Employees may need some on-the-job training, but most of these occupations assume that the person will already have the required skills, knowledge, work-related experience, and/or training.

These occupations often involve coordinating, training, supervising, or managing the activities of others to accomplish goals. Very advanced communication and organizational skills are required.

Specific Vocational Preparation (SVP): (8.0 and above) [defined as] minimum five years of experience

Wages & Employment Trends

Median wages (2019) $48.55 hourly, $100,980 annual

Employment (2019) 422,300 employees

Projected growth (2019-2029) Much faster than average (8% or higher)

Projected job openings (2019-2029) 47,000

 

END OF O*NET REPORT FOR HOSPITAL MANAGERS

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BONUS QUESTION (5 points)

Review the priorities exercise we did at the beginning of the semester.

1. Which persons would you rank in the top two now, and which would you rank in the bottom two? 2. Has your ranking changed since the beginning of the semester? 3. Why or why not?

End of Bonus Question

End of Final Exam

Enjoy your break and stay safe!

 

 

 

 

  • Penal Code § 407: Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
  • Penal Code § 19: Except in cases where a different punishment is prescribed…, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000)…
  • Penal Code § 148(a)(1): Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician…, in the discharge or attempt to discharge any duty of his or her office or employment…shall be puni…
  • Wages & Employment Trends

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