1 Introduction 1 Introduction
1.1 Course Documents 1.1 Course Documents
1.1.1 H20 Coursebook Info 1.1.1 H20 Coursebook Info
As you may have noticed, no casebook has been adopted for this course. Instead of a traditional casebook, I'm using this site: Harvard Law School’s H20 site. H20 helps law faculty create free, digital, open-source, open-licensed books for their students.
In my view, this advances Northeastern Law's social justice mission. Students spend thousands of dollars on law school textbooks. Free casebooks made education more accessible and equitable. I average about 40 students in my immigration law course. Even at a conservative estimate of $100 per book, that saves our students $4,000, collectively, per semester. If other professors at other universities use this book, it will help exponentially more students.
The only book you should buy is a copy of the Immigration and Nationality Act (INA); recent used copies are acceptable and cheaper. Some students even try to do without the INA book, but I have found, in the end, that they typically regret that decision. It is much easier to mark, tab, highlight, and annotate a hard copy version of the INA.
I will note the relevant INA section throughout the book, but it is your responsibility to find and review the provision. Of note, for every INA provision, there is a corresponding U.S. Code provision. The substantive language is the exact same, but the Title and Section numbers are different. For example, INA § 212(f) = 8 U.S.C. § 1182(f). Immigration practitioners use and refer to the INA provision, so that's what we'll use in class.
A great thing about H20 is that I can "elide" (hide) text you don't need to read to make the reading more manageable, just like in a casebook. But unlike in a traditional casebook, you can click on any of the "eliden" (hidden) text and read more of the case if you want. I also sometimes include notes/annotations, which show up as underlineand text, and hyperlinks to other sources, which show up as blue text. This will help guide your reading or give you additional information. But one weakness of H20 is that there are a ton of typos in the cases. But most of them are self explanatory and easy enough to figure out from context clues. Lastly, if you're in a place where your internet is spotty or non-existent, you can export and download the entire casebook in advance. It looks much better on the website, but it can definitely work if you are in a place without reliable internet and want to do the reading. But remember that links don't export.
As you go through this semester, email with any questions or comments, especially if you notice something awry or that can be improved. You're my best test of whether this is working! Thank you for you patience and flexibility.
1.1.2 Representative Syllabus 1.1.2 Representative Syllabus
REPRESENTATIVE SYLLABUS
Class #1 |
Introduction |
Ch. 1 |
Class #2 |
Plenary Power |
Ch. 2 |
Class #3 |
Family-Based 1/4 |
Ch. 3.1 |
Class #4 |
Family-Based 2/4 |
Ch. 3.2 |
Class #5 |
Family-Based 3/4 |
Ch. 3.3 |
Class #6 |
Family-Based 4/4 |
Ch. 3.4 3.5 |
Class #7 |
Business & Education 1/2 |
Ch. 4.1 |
Class #8 |
Business & Education 2/2 |
Ch. 4.2 |
Class #9 |
Non-Immigrant Visas 1/2 |
Ch. 5.1 |
Class #10 |
Non-Immigrant Visas 2/2 |
Ch. 5.2 |
Class #11 |
Admission & Admissibility 1/3 |
Ch. 6.1 |
Class #12 |
Admission & Admissibility 2/3 |
Ch. 6.2 6.3 |
Class #13 |
Admission & Admissibility 3/3 |
Ch. 6.4 |
Class #14 |
Immigration Court & Removal |
Ch. 7 |
Class #15 |
Crimmigration & Removability 1/4 |
Ch. 8.1 |
Class #16 |
Crimmigration & Removability 2/4 |
Ch. 8.2 |
Class #17 |
Crimmigration & Removability 3/4 |
Ch. 8.3 |
Class #18 |
Crimmigration & Removability 4/4 |
Ch. 8.4 |
Class #19 |
Adjustment of Status 1/2 |
Ch. 9.1 |
Class #20 |
Adjustment of Status 2/2 |
Ch. 9.2 |
Class #21 |
Cancellation of Removal 1/2 |
Ch. 10.1 10.2 |
Class #22 |
Cancellation of Removal 2/2 |
Ch. 10.3 |
Class #23 |
Asylum 1/4 |
Ch. 11.1 |
Class #24 |
Asylum 2/4 |
Ch. 11.2 |
Class #25 |
Asylum 3/4 |
Ch. 11.3 |
Class #26 |
Asylum 4/4 |
Ch. 11.4 |
Class #27 |
T-Visa, U-Visa, VAWA |
Ch. 12 |
Class #28 |
Special Immigrant Juvenile Status (SIJS) |
Ch. 13 |
Class #29 |
Citizenship |
Ch. 14 |
Class #30 |
Ethics |
Ch. 15 |
1.1.3. Instagram: The Speech Prof on Free Textbooks (video)
1.1.4. Harvard: The Case Study Teaching Method
1.1.5. Inside Higher Ed: Laptop Use in Class
1.1.6. NY Times Cartoon: Banning Laptops (image)
1.1.7. The Conversation: Gender Pronouns and Their Importance
1.1.8. The.Ink: Mayflower Mouth by Anand Giridharadas
Available on Canvas.
1.1.9 Instructions on Hypos 1.1.9 Instructions on Hypos
INSTRUCTIONS ON THE HYPOTHETICALS
- I use pop culture references in my hypos to make it easier to identify them. I use movie references for hypos from previous exams and TV show references for other hypos.
- When submitting answers, put your name at the beginning of the document you are submitting to Canvas and include page numbers on the document.
- Cite to the statute, including the proper subsection/prong! But don’t just cite to the statute, explain what that particular part of the statute says, and then apply the facts of the hypo to the statute.
- Explain how you arrived at your answer. For example, with the amount of time of unlawful presence: How did you calculate that time? What do you think counts or doesn’t count toward unlawful presence? And cite the language of the statute that details the number of years of unlawful presence. Or, if you think fraud is applicable, explain how you reached that conclusion. Don’t solely give a "yes" or "no" answer – explain why.
- State additional arguments that can be raised by the government.
- If you do not think the individual is eligible for any relief/waiver, say so and why.
And discuss all possible bars to admissibility/procuring a visa.
For example, “B could be inadmissible due to having failed to attend a removal hearing AND because of unlawful presence of over a year.” Flag both.
- These are not graded or corrected, but we will go over them in class. They are reviewed to make sure you have completed them fully (and to see whether any of you are particularly struggling).
1.1.10. NUSL Library Past Exams + HG Exam Instructions
See Canvas page for the module of my past Immigration Law exams. Those will be available towards the end of the semester.
Here are sample instructions for one of my Immigration Law exams:
NORTHEASTERN UNIVERSITY SCHOOL OF LAW
IMMIGRATION LAW [TERM AND YEAR]
PROFESSOR HEMANTH GUNDAVARAM
FINAL EXAM: 4.5 HOURS
- Please write your exam number, NOT your name, on your answer. If you are in doubt about your exam number, please check with your proctor.
- Please also write your exam number on the exam itself. Exam questions must be turned in along with your answer.
- Please write “Immigration Law,” “[Term and Year],” and “Professor Gundavaram” on the front of the answer.
- If possible, type your answers. Otherwise, if using bluebooks, write your answers legibly in pen on only one side of each page and then number each bluebook on the front. For example, if using two bluebooks, please write “1 of 2” on the first, and “2 of 2” on the second.
- Exam answers must be written in the assigned classroom only.
- Please remember that you are on your honor to not discuss this exam while taking it, or after the exam with anyone who may have to take this exam at a later date.
- You may use the casebook, the INA or copies of the INA with any notes written in them, any of my handouts or documents from the coursebook, and your notes/outline. No other materials, such as commercial outlines or treatises, may be used.
- The exam is 4 1/2 hours. Carefully read the instructions and only answer the specific questions asked. If you assume facts, they should be consistent with the fact pattern.
- Consider the time/weight of each question. And remember when writing that it is about quality, not necessarily quantity. But do not just provide the answer to the question; also provide the reasoning for your answer and relevant citations. For the multiple choice/short answer questions, you should provide a few of sentences of reasoning for your answer.
- A preview of the questions below:
- Question #1 – Essay (39 minutes – 16%)
- Question #2 – Essay (39 minutes – 16%)
- Question #3 – Essay (39 minutes – 16%)
- Question #4 – Long Essay (75 minutes – 31%)
- Question #5 – Multiple Choice/Short Answer (16 minutes – 7%)
- Question #6 – Multiple Choice/Short Answer (16 minutes – 7%)
- Question #7 – Multiple Choice/Short Answer (16 minutes – 7%)
- TOTAL: (240 minutes – 100%)
- Plus 30 minutes to review
1.1.11. Prof. Gundavaram Webinar on H20 Coursebooks
1.2 General Resources 1.2 General Resources
1.2.1. Immigration and Nationality Act (INA)
(check the accuracy of any provision in an official version of the statute)
1.2.2. United States Citizenship & Immigration Services (USCIS) Policy Manual
(for skimming only)
1.3 Immigration Background 1.3 Immigration Background
1.3.1. Rutgers Law Library: Immigration Law Administrative Structure
1.3.2. Department of Justice (DOJ) : Board of Immigration Appeals (BIA) Power
1.3.3. Immigrant Legal Resource Center (ILRC): Immigration 101
1.3.4. Migration Policy Institute: U.S. Immigration Law Timeline, 1790 to Present
1.4 Immigration Context 1.4 Immigration Context
1.4.1. IQ Latino: Immigrants Are Not Aliens
Content warning: graphic violence and racist language.
1.4.2. American Immigration Council: Why Don’t They Just Get In Line?
1.4.3. Cato Institute: Research on Immigration and Crime
Of note, the Cato Institute is a libertarian think tank and described as leaning right politically.
1.4.4. Center on Budget & Policy: Immigrants Contribute to U.S. Economy
1.4.5. American Immigration Council: Immigrants in Massachusetts
1.4.6. Vox: 1996 IIRIRA Law Created Today's Immigration Problem
1.4.7. Boston Review: There Is No Migrant Crisis
1.4.8. Immigration Impact: Snapshot of Undocumented College Students
1.5 U.S. Intervention & Root Causes of Migration 1.5 U.S. Intervention & Root Causes of Migration
1.5.1. Veterans for Peace: Timeline of U.S. Acts of Aggression in Latin America
Content warning: graphic violence and gender-based violence.
1.5.2. Medium: Century of U.S. Intervention Created Immigration Crisis
Content warning: graphic violence and racist language.
1.6 In-Class Material (Not Assigned) 1.6 In-Class Material (Not Assigned)
1.6.1. YouTube: Bill Clinton at 1995 State of the Union (video)
(we will watch in class)
Content warning: racist and xenophobic language.
1.6.2. Vox: Racist History of US Immigration Policy (video)
(we will watch in class)
Content warning: graphic violence.
1.6.3. History Channel: Causes of Central American Migration? (video)
(we will watch in class)
Content warning: graphic violence.