Immigration Law Midterm
What was the Obama Administration's role regarding the Flores Settlement Agreement, in terms of dealing with the unauthorized immigration of families who came to the border?
the deportation rates increased during the Obama administration but got worse during Trump,
What was the central holding by Justice Kagan in the Maslenjak case?
"The statute . . . strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization." Lie affected how her husband who had been in the Bosnian war would be treated by the government not her citizenship
How many members sit on the BIA?
14
Which of the following were statutes that pre-dated the Immigration and Nationality Act of 1952?
1819 Steerage Act (response to Irish & German immigration: 1820-1860) - mandating ships be hygienic when coming to U.S. 1882 Chinese Exclusion Act 1891 Immigration Act - bars polygamists, criminals, the ill / federal office of immigration is established Immigration Act of 1921 / Immigration of 1924 (favoring Europeans / excluding Asians) *1924 - U.S. Border Patrol Created / 1942 Bracero Program Established (agreement Mexico/ US to bring Mexicans to work in US fields) *1948: First refugee and resettlement law - to assist Europeans
What was the dissent's argument in the Price case?
Dissent argues LPRs are the closest category of citizens who are not citizens green card holder
In thinking about the evolution of immigration in the United States from the 18th century to 2000, which of the following statements is true?
1776-1875 - Open Frontier 1875-1917 - Feds come into the picture on immigration 1900-1910 - More Southern and Eastern European immigration 1917-1924 - Greater restrictions on immigration + 2 statutes 1952 - INA -----------> followed by 1965 Amendments 1980 - Refugee Act, 1986 IRCA, 1986 IMFA - sham marriages 1990 - Immigration Act- most important reform, loosen immigration restrictions that had been building up over time 1996 - AEDPA & PRWORA & IIRIRA
Which of the following statements best describes how race was used in the federal government's immigration decisions prior to the 1952 INA?
1790-1872: only Whites able to naturalize After 1870 African Americans and Whites could naturalize Asians during the late 1800s barred from naturalizing - 1882 laws passed to specifically exclude Chinese
What was the main issue in the Maslenjak case?
18 U.S.C. sec. 1425(a) Can someone be stripped of their rights once they attained them? Should the immigration authorizes provide rights? Citizenships acquired through deceitful needs Can the government denaturalize? In April 1998, Divna Maslenjak, an ethnic Serb from modern-day Bosnia, met with a U.S. immigration official to seek refugee status for her and her family at the close of the Bosnian civil war. Through a translator, Maslenjak told the immigration official that the family feared persecution in their home region of Bosnia based on their Serbian ethnicity. Maslenjak also told the immigration official that the family feared reprisal because her husband had evaded conscription into the Bosnian Serb militia during the war. Maslenjak and her family were granted refugee status in 1999 and immigrated to the United States in September 2000. Maslenjak was naturalized as a U.S. citizen on August 3, 2007. During the naturalization process, Maslenjak denied ever having given false or misleading information to a U.S. official in order to gain entry to the United states or to avoid removal. On October 7, 2007 Maslenjak's husband, Ratko, was convicted on two counts of making false statements on a government document for his failure to disclose that he had in fact served as an officer in a Serbian military unit. To avoid deportation, Ratko applied for asylum. Testifying on his behalf at the asylum hearing, Maslenjak admitted that Ratko had served in the Serbian militia and that she had lied to the immigration officer during the refugee application interview in 1998. Maslenjak was subsequently charged with two counts of naturalization fraud for denying having ever given false or misleading information to a U.S. official. At trial, the jury was instructed that, in order to find Maslenjak guilty of fraudulently obtaining her naturalization, it need not find that her false statements were material to the decision to approve her naturalization, merely that she made them knowing their falsehood. Maslenjak was convicted on both counts, sentenced to two years probation, and stripped of her citizenship. The U.S. Court of Appeals for the Sixth Circuit affirmed her conviction and held that proof of a material false statement was not a required element of naturalization fraud.
Which of the following are statutes that post-dated the INA of 1952?
1965 Act - ends national quotas and establishes new preference systems and skilled workers program (known as Hart-Celler Act) 1980 Refugee Act / 1986 Immigration Reform & Control Act (IRCA) (penalized hiring of those who are undocumented) 1990 Immigration Act - increased immigration 1996: Anti-terrorism and Effective Death Penalty Act and Illegal Immigration Reform and Immigration Responsibility Act 2001 USA PATRIOT Act 2005 REAL ID Act *2014: Deferred Action for Parents of Americans / Deferred Action for Childhood Arrivals (DAPA & DACA)
What was the main issue in Adams v. Howerton?
201b is a decision from the United States Court of Appeals for the Ninth Circuit that held that the term "spouse" refers to an opposite-sex partner for the purposes of immigration law and that this definition met the standard at the time for rational basis review. It was the first U.S. lawsuit to seek recognition of a same-sex marriage by the federal government.
Which of the following statements best captures what it means to be a diversity immigrant under 203(c)?
203(c): Diversity: immigrants from countries that are considered to have a low representation in the U.S.
Which of the following statements best captures what "following to join" means under 203(d)?
203(d): Following to Join: A spouse or child "accompanying, or following to join" an immigrant who is coming into the U.S. based on family, employment, or diversity grounds is placed in the same preference status as the principle immigrants. Note for 203(d) to be effective, the spouse or child must be such before the principle's admission to the U.S. Also under the regulations, the spouse or child is considered to satisfy 203(d) so long as the accompanying travel occurs within 6 months after the immigrant has been issued a visa or has had his/her status adjusted from non-immigrant to immigrant
What was the holding of Nguyen v. INS? (i.e., majority opinion). What statement best captures the dissent?
5-4 Yes court held 309a the Court ruled that although the statute was discriminatory, "it serve[d] important governmental objectives and that the discriminatory means employed [were] substantially related to the achievement of those objectives".[1] The Court found that Congress' decision to impose different requirements on unmarried fathers and unmarried mothers was "based on the significant difference between their respective relationships to the potential citizen at the time of birth" "[n]o one should mistake the majority's analysis for a careful application of this Court's equal protection jurisprudence concerning sex-based classifications."
What was Nguyen v. INS about? What provision of the INA was being debated?
309(a) In 1969, Tuan Ahn Nguyen was born in Saigon, Vietnam to Joseph Boulais and a Vietnamese citizen. At age six, Nguyen became a lawful permanent United States resident. At age 22, Nguyen pleaded guilty in a Texas state court to two counts of sexual assault on a child. Subsequently, the Immigration and and Naturalization Service initiated deportation proceedings against Nguyen. After the Immigration Judge ordered Nguyen, Boulais obtained an order of parentage from a state court. Dismissing Nguyen's appeal, the Board of Immigration of Appeals rejected Nguyen's citizenship claim because he had not complied with 8 USC section 1409(a)'s requirements for one born out of wedlock and abroad to a citizen father and a noncitizen mother. On appeal, the Court of Appeals rejected Nguyen and Boulais argument that section 1409(a) violates equal protection by providing different rules for attainment of citizenship by children born abroad and out of wedlock depending upon whether the one parent with American citizenship is the mother or the father. Yes- court held 309a
In the Wong Wing case, what was the law that was being analyzed by the Court?
5th and 6th Amendments Yick Wo 1886- Precendent
In the Fong Ting Yue case, what was the argument of Fong? Of the government?
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In the Wong Wing case, what statement(s) best capture the dissenting views?
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In the Wong Wing case, what was the argument of Wong? Of the government?
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What are reasons that advocates point to for why countries should allow for dual citizenship?
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Which of the following provisions was not included among the 1952 INA, in terms of naturalization?
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Which of the following statements best describes how the Trump administration has decided it wants to change the process for children born abroad who traditionally have qualified for citizenship?
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Which of the following were sources that Justice Kagan used in interpreting the statute that was at the heart of the Maslenjak case?
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Which of the following is considered an immigrant in the U.S?
A person who leaves one country to settle permanently in another. The word "immigrants," as understood in U.S. immigration law, are persons admitted as legal permanent residents of the United States (also known as a "Lawful Permanent Resident").
How might a lawful permanent resident sponsor a non-U.S citizen spouse?
An LPR in the U.S. sponsoring a spouse would fall under the 2nd preference of the family-based immigration.
What statement best describes the outcome of Afroyim v. Rusk? Graham v. Richardson? Sugarman v. Dougall? In Re Griffiths?
Afroyim v. Rusk (1967) Supreme Court held the government cannot strip someone of one citizenship without their consent Jewish US citizen that voted in an Israeli election- birthright or right to return Wanted to renew passport in Israel US said no you're no longer a citizen Cannot strip someone of citizenship Graham v. Richardson (1971) AZ and Pennsylvania sought to deprive a non-citizen of welfare benefits Supreme Court said no you cannot do that cannot deprive non-citizens of welfare benefits WITHOUT due process Sugarman v. Dougall (1973) NY state law that said in order to have a state governmental civil service job- you had to be a citizen Supreme Court said no that law is invalid, and unconstitutional Dissent: fundamental differences between a citizen and a non-citizen In Re Griffiths (1973) Dutch law student at Yale wanted to take bar in CT had to be a citizen, her husband- professor at Yale- helped her fight up to the Supreme Court and won Non-citizens can take the bar
Which statement best captures what happened after Adams v. Howerton?
After Adams v Howerton spouse was redefined and gay marriage was legalized, Sullivan was granted citizenship after Howerton's passing
Which of the following definitions best captures what it means to be an "immediate relative."
An immediate relative can be: Children Spouse Parents OF A US CITIZEN An immediate relative needs to be sponsored by a US citizen Immediate relative comes in as in LPR
What are Article III courts and how do they differ from Article II courts?
Article 3 Courts are structured in a hierarchy and judges serve for life Immigration court context is within the EXECUTIVE BRANCHArticle 3 courts and Article 3 judges have life tenure in the Constitution
To where can a noncitizen appeal after the BIA?
Article 3 Federal Courts
What is the BIA?
BIA (Board of Immigration Appeal) is the second adjudicator still located in the Department of Justicein 2003 Attorney General limited 3 member panels to 1 member panel because there are only 14 members and too many cases These 1 member panels can start issuing AWOs AWO- affirmation without order Don't have to provide a ruling, affirm without an opinion There's no due process The non citizen can then take the case to Article 3 federal courts
Why was Bark v. INS important for the court in Dabaghian v. Civiletti?
Bark v INS Korean couple wife is LPR husband here on business visa applies to change status Couple separates Court says it is a sham marriage 9th circuit says it is too intrusive to have the government determine the quality of the marriage Provision 245- allows someone to change their status INS has changed its tactics/legal argument, INS is saying we aren't going to say this is a sham marriage we will conceive it may not be a sham marriage but the marriage is factually dead, how they try to get around Bark
Which subsequent cases affected the developments for how the Adams v. Howerton case was ultimately resolved?
Bowers v. Hardwick (1986); Lawrence v. Texas (2003); U.S. v. Windsor (2013); Obergefell v. Hodges (2015)
What was the dissent's argument in the Schneiderman case?
Cant differentiate between communist actions and ideology Interested in believing an ideology that disagrees with the foundation of the United States
What was the main challenge by the plaintiffs in Fiallo v. Bell?
Challenge to 101 (b)(1)(D) and 101(b)(2)
In the Chinese Exclusion case (Chae Chan Ping), what was the law that was being analyzed by the Court?
Chinese Exclusion Act of 1882
What was the major holding of Wong Kim Ark? What statement best captures the dissent?
Congress cannot take away what the Constitution provides Dissent? Idea we may need to reconsider who becomes a citizen Issues of citizenship are political questions
What was the main holding by the majority in the Schneiderman case?
Court stands up for the First Amendment; can keep citizenship
What was the main issue in Dabaghian v. Civiletti?
D enters the U.S. as a visitor in 1967, got student status in 1968 -Sept. 1971 marries U.S. Citizen -applies for adjustment of status under section 245 of INA in Oct 1971 -- gets it in Jan of 1972 - later in Jan they file for divorce INS has changed its tactics/legal argument, INS is saying we aren't going to say this is a sham marriage we will conceive it may not be a sham marriage but the marriage is factually dead, how they try to get around Bark
What is the main cabinet department for immigration enforcement and services? Who is the head of this department? Who does this head answer to?
Department of Justice within the U.S. Department of Homeland Security William Barr is the current Attorney General Answers to the President of the United States
What is Section 309 of the INA about?
Exists and specifies for people born out of wedlock 301 applies to those in wedlock then
How are the federal courts structured in the U.S. - for immigration purposes? What is the court of first resort? What is the appeals process?
Federal Court of Appeals (after BIA) then Supreme Court
What statement best captures what the Plenary Power Doctrine is about?
Federal policy on immigration has been founded on the "plenary power doctrine," which holds that the political branches — the legislative and the executive — have sole power to regulate all aspects of immigration as a basic attribute of sovereignty.
In the Fong Ting Yue case, what statement(s) best capture the dissenting views?
Fong's status was at the top as an LPR rather than a laborer Deportation is different than exclusion, deporting someone is uprooting them from their lives, different than keeping them at the border (Fields)
What did the Allotment Act do?
Gave citizenship to Native Americans born in the US and resided in the US
Which statement best describes the difference between the Schneiderman and Price cases?
Granting citizenship, as opposed to denaturalization
What was the ruling in Dabaghian v. Civiletti?
INS does not say that marriage was a sham, but rather that it was factually dead - so this is why AG believes he can rescind adjustment of status decision (under 246) --court says if not a sham, then AG cannot rescind on the belief that marriage is factually dead --INS ordered to reinstate Dabagian as LPR
Which of the following statements best captures the dissent in the Travel Ban case that we discussed in class by Justice Sotomayor?
In Sotomayor says The evidence is clear the President has shown discriminatory intent Korematsu Case- WWII interment camps court sided with the government, time of war, plenary power, foreign relations
What was the main issue in the Price v. INS case?
John Price (defendant) moved from the United Kingdom to the United States and was granted resident alien status in 1960. He thereafter remained in the United States to work. In 1984, Price applied to petition for naturalization but refused to answer Question 18 on the application which asked him to list all present or past affiliation with any organization or association. Instead, he submitted a legal brief arguing that Question 18 violated his First Amendment right of association. The district court denied his petition due to his refusal to answer Question 18. This appeal followed.
What is the difference between Jus Soli v. Jus Sanguinis?
Jus soli- where you're born makes you a citizen of that country Rest of the world has been unforgiving Germany- generations of Turks born in Germany recently allowed to claim citizenship Jus Sanguinis- citizenship determined by blood relations A lineal ancestry
Which statement best captures Justice Marshall's dissent in Fiallo v. Bell?
Justice Marhsall - Rationale: *5th Amendment Concerns (Due Process/Eq. Protection) *Mr. Cleophus Warner Story (p. 302) - father who has taken the steps to show relationship *Justice Marshall doesn't buy admin. cost argument Due process clause- every individual in the US should be treated with fairness and equity 5th amendment implicitly includes equal protection clause No language about equal protection Courts read into the 5th amendment to say states must have equal protection executive must too
What was the main issue in the Travel Ban case?
Main Issues of Law: Was there a violation of the INA? Was there a violation of the 1st Amendment - Establishment Clause?
How does one prevail in the Supreme Court, in terms of votes needed?
Majority Wins - 9 Justices: Need 5 Votes
In the Fong Ting Yue case, what was the conclusion - ruling by the majority?
Majority opinion - Justice Gray: Sovereignty is key, importance of Nishimura Ekiu (1892) case ----> upheld 1891 Immig Act For the Majority - deportation is NOT punishment / there was Due Process
Under Section 340(a) of the INA, which word is central to understanding how best to think about whether an act is misrepresentative?
Material
What statement best captures what the Yick Wo decision was about?
More of a constitutional law case Local city right passed an ordinance that applied to everyone- how types of business could run- application was only targeted toward the Chinese Where you have a law that may seem neutral, it can still be applied in a prohibited manner First 10 amendments of Constitution is called the Bill of Rights, historically only applicable to the federal govenrment 14th amendment- provided for equal protection under the law, passed with intentional purpose of saying to state (Southern) governments now that you are still part of the Union, everyone must be treated equal Over time this amendment incorporated all of the first ten Amendments into one, not in language but in court decisions, first ten amendments must apply to state governments, very essence of the 14th amendment is about protections, which the state government provides
Which statement best describes what INA 301 is about?
Nationals and citizens of United States at birth
What statement best describes the outcome of Elk v. Wilkins?
Native Americans can't be US citizens even if they cut off tribal ties Supreme Court said unable to divorce themselves from their tribe
Please describe what naturalization means?
Naturalization is the ability to become a citizen
What is the government's annual quota for immediate relative-immigrants seeking to come to the U.S.?
No quota for immediate relatives
Which of the following has been a possible source from where the federal government's immigration powers derive?
No specific part of the Constitution says where immigration source should be Federal government controls matter when it relates to foreign relations State governments have power to control A situation where federal government is saying we need to rely on the states to help us out in immigration matters The state governments handle crime, but not immigration Nothing in the INA is directed towards the state Inherent powers dealing with national sovereignty that say the federal government should handle immigration Commerce clause- (deals with Congress)- Congress has the ability to regulate commerce Tied to immigration because goods/services contribute to the labor force by immigrants Necessary and proper clause- federal government can do all that is necessary and proper to carry out the functions of government
Describe the adjudication process for immigration matters.
Non-citizen sent a notice to appear in immigration court on a specific date Master calendar hearing Immigration judge may provide relief, termination of proceeding Non-citizen may voluntarily leave the country Easier to come back in to the country at a later time than forced removal Individual merits hearing helps the judge get more information before relief, termination etc. Non-citizen can appeal to the BIA Adjudication occurs in the Department of Justice Immigration judge is the first adjudicator BIA is the second adjudicator still located in the Department of Justice in 2003 Attorney General limited 3 member panels to 1 member panel because there are only 14 members and too many cases These 1 member panels can start issuing AWOs AWO- affirmation without order Don't have to provide a ruling, affirm without an opinion There's no due process The non citizen can then take the case to Article 3 federal courts
In the Chinese Exclusion case (Chae Chan Ping), what was the conclusion - ruling?
Part of what national sovereignty means a country can keep out people it does not want in, case is easy because Congress passed a law that the Chinese could be excluded, case turned on the fact that we had Chae was being excluded at the border different than within the country More deference given to the government when it is seeking to exclude someone at the border rather than remove someone from the country
The "trilogy" cases refer to which of the following statements?
Perez v Brownell Born in Texas in 1909 Lives most of his life in Mexico, participated in voting Result of voting, loses his US citizenship INA 1940 Supreme Court says Perez does lose citizenship, why: In matters of immigration the executive and legislative branch have plenary power (almost absolute) Show a rational basis for their decision Lowest level review by the Courts This was an embarrassment to the American political system Clearly, cared more about Mexico than the United States Dissent: Jus soli citizenship is a given right by the Constitution Court can show deference but they are not impotent Trop v Dulles Court invalidates a law that strips people of their citizenship when they've been convicted of military desertion Trop had been part of the military then deserted, was brought in front of a tribunal Nishikawa v Dulles Was naturalized but conscripted into Japanese army Court said he cannot be stripped of his citizenship
In the Chinese Exclusion case (Chae Chan Ping), what was the main issue?
Plaintiff was a Chinese laborer who had lived in San Francisco for 12 years. He left the United States to visit China and acquired a certificate allowing reentry before leaving. A week before his return to the U.S. in 1888, Congress amended the Chinese Exclusion Act of 1882 which prohibited Chinese laborers from entering the country. The amendment annulled Plaintiff's certificate of reentry and terminated his right to land. The captain of the ship upon which Plaintiff arrived took custody of him and Plaintiff filed for a writ of habeas corpus in federal court. The writ was denied and Plaintiff appealed to the Supreme Court. Argued it conflicted with an international treaty.
Which group was not a plaintiff in the Travel Ban case?
Plaintiffs were: 3 U.S. Nationals (relatives of affected Muslims) Muslim Association of Hawaii State of Hawaii via Univ of Hawaii
What does stare decisis mean and how is it used by courts in rendering decisions?
Precedent In common law legal systems, precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Which of the following statements is correct regarding the majority's view (in the Travel Ban case) on INA 212(a) (i.e., 8 U.S.C. 1152(a))?
President's allowed to deny entry of non-citizens deemed to be "detrimental to interests of the United States"
In applying to become a naturalized citizen, which factors under INA 101(a)(43) or 101(a)(48)(A) or 101(f)(7)-(8) matter for the government in making its decision?
Relevant for this provision also 101(a)(43) May not be of good morale character because you got charged, aggravated felonies 101(a) (48)(A) Definition of conviction 101(f)(7-8) Definition of good moral character But the definition has been broadened by the Courts
In the Fong Ting Yue case, what was the main issue in the case?
Requirement of 2 white witnesses needed to prove the legitimacy of Chinese LPR
What was the main issue in the Schneiderman case?
Schneiderman (defendant) came to the United States in 1907 or 1908 when he was around three years old. In 1922, he joined the Young Workers League in Los Angeles, where he served as an educational director; in 1924, Schneiderman filed a declaration of intent to become a citizen; and in 1925, he joined the Worker's Party, the predecessor of the Communist Party of the United States. He received full U.S. citizenship in 1927. He held a series of executive positions in the party beginning in 1930. Schneiderman said that he believed in socialism and Marxist theory and wanted to apply them in the United States, but denied that he supported a violent overthrow of the United States government and the destruction of the Constitution. In 1939, the government started proceedings to cancel Schneiderman's certificate of citizenship based on allegations of illegal procurement. The trial court found that Schneiderman had not been "attached to the principles of the Constitution" when he applied for naturalization and therefore canceled his citizenship based on Section 15 of the Naturalization Act. The United States Supreme Court granted certiorari on appeal.
What was the main holding by the majority in the Price case?
Schneiderman was already naturalized and was going to be stripped of his citizenship Price was an LPR who was applying to be a citizen Because it hadn't occurred Price couldn't enjoy the same rights as the citizen
What the Flores Settlement Agreement about? How has the Trump administration sought to change it?
Since 2011 a huge spike in families coming to the border claiming asylum Conflict historically (1990s) what do we do with minors who come unaccompanied to the border? Take with an assumption that the INA is in charge of enforcing immigration control How long could the government detain Flores (a teenager at the border)? There would have to be a limited time the government could hold unaccompanied minors After this time the government would be required to put her with the office of refugee resettlement ORR would have to find her a guardian Put into 2 acts Homeland security act Trafficked person protection act 2015 -detention period can be no longer than 20 days ORR had to release the minor after 20 days UNACCOMPANIED MINORS Massive spike in unauthorized immigrant families coming to the border since 2011 Only a few thousand families were coming to the border illegally, 2014 68,000 families at the border 2018 over 107,000 unauthorized border crossing by families Adults WITH CHILDREN 2019 ~ 390,000 families Spike comes from El Salvador, Honduras and Guatemala Push factors- factors within these countries have pushed people out their lives are at stake Under the US INA system people who are seeking asylum away from their country must have Well-founded fear On the basis of (1/5) Persecution because of their race, nationality, political opinion, religion, membership within a particular social group Expedited removal process Families coming needed to be detained, detained for months and months Advocates said look what you're doing, Flores Agreement referred to detainment of children Children being affected No distinction between kids who are unaccompanied and kids that are coming with their families Family meant minors that are accompanied by a family member NOW 20 days in detention for the families based off Flores Plenary-deference- on matters of immigration the courts will show extreme deference to the executive branch Prof bet Treat minors who come here unaccompanied different than minors who come here with family Court will likely defer to the governments position Make up of Supreme Court Reverse Flores extension to families with children
In the Fong Ting Yue case, what was the law that was being analyzed by the Court?
Sovereignty is key, importance of Nishimura Ekiu (1892) case ----> upheld 1891 Immig Act
What is the difference between a statute, a rule (regulation), and an executive order?
Statute- basically a law passed by Congress- Congressionally passed bill signed into law by President or enacted by Congress if there is a veto from the President Rule- passed by cabinet department or federal agency Rules passed to fill in the gaps, can't conflict with the statute if it does the statute trumps the regulation Still have the same force of law Can be charged for violation Executive orders- written and passed by the President to replace a statute Unilateral action taken by the President to enact a particular policy Can be challenged If contrary to a statute, the statute will trump All must comply with the Constitution
Which statement best captures what the majority opinion said in the Travel Ban case?
Supreme Court says it can hear the case Key Statutory Provision 212 (INA) [8 USC 1182] President's allowed to deny entry of non-citizens deemed to be "detrimental to interests of the United States"
What branch of government do immigration services and enforcement fall under?
The Executive branch
What branch of government do the majority of immigration adjudication matters fall under?
The Executive branch (ASK SOMEONE)****????
What was the government's position in Adams v. Howerton?
The district court rejected the plaintiffs' claims, noting that "Congress in its immigration statutes is not obligated to follow the law of the place where the marriage was contracted". The court also held that under Colorado law marriage is a union of "a man and a woman", agreeing with the state attorney general's opinion, and also noted that "[t]he Colorado statutes don't specifically allow, nor do they specifically prohibit, marriages between persons of the same sex." It also held that "[t]he legal protection and special status afforded to marriage (being defined as an union of persons of different sex) has historically ... been rationalized as being for the purpose of encouraging the propagation of the race."
What does 101(a)(33) say about the term "residence?"
The term "residence" is defined under INA §101(a)(33) as the place of general abode which means one's principal actual dwelling place in fact, without regard to intent.
Which of the following does not qualify as an employment-based immigrant under 203(b)?
These do qualify: 40K for "priority workers" - extraordinary ability in sciences, arts, education, business, athletics 40K for advanced degree holders 40K for skilled workers w/out advanced degrees 10K for special immigrants - religious workers and certain foreign employees of U.S. govt 10K for creative entrepreneurs - covers entrepreneurs who invest at least $1 million and that employ at least 10 Americans
Which of the following does not qualify as a family relative under 203(a)?
Those that fall under are: unmarried sons and daughters of citizens spouses and unmarried sons/daughters of permanent resident aliens married sons and married daughters of citizens brothers and sisters of over age 21 US citizens
What is the court of first resort for immigration matters? Where is it located?
US Federal District Court 94 located across 12 geographic federal circuits
Which statement best captures Justice Powell's majority opinion in Fiallo v. Bell?
Yes, Majority thinks this is a valid exercise of power Plenary power doctrine- on matters of immigration congress and the executive branch will both be given greater deference Congress writing statutes Rational basis the executive is given Lack of close family tie between illegitimate child and father Immigration is a matter of foreign relations, deference to executive branch in carrying out foreign relations
Is there an appeals process? To where? (after court of first resort)
Yes, appeal to BIA
In the Wong Wing case, what was the conclusion - ruling by the majority?
Yes; consequently, the imprisonment provisions of the Act are void. Congress may deport without a jury trial, but imprisonment at hard labor is an infamous offense calling for judicial trial to establish the guilt of the accused. "It is not consistent with our theory of government that the legislature should, after having defined an offense as an infamous crime, find the fact of guilt and adjudge the punishment by one of its own agents."
What does section INA 245 do and why is it important?
applies for adjustment of immigrant status
In the Chinese Exclusion case (Chae Chan Ping), what was the argument of Chae Chan Ping? Of the government?
chae chin ping: act violated international treaty Government: immigration is a federal matter so show judicial deference