Immigration & Citizenship: Process and Policy, by: Thomas Alexander Aleinikoff and David
A. Martin and Hiroshi Motomura, Publisher: West Group. The 2003, 5th Edition, ISBN #: 031414398X
Optional Texts:
T.A. Aleinikoff, D.A. Martin, and H. Motomura, 2001 Update ISBN #: 0314259503
T.A. Aleinikoff, D.A. Martin, and H. Motomura, Immigration and Nationality Laws of the United States :
Selected Statutes, Regulations, and Forms, (West Group, 2002)("Supp.")
Policies:
Attendance and Participation: regular attendance at the online is expected but not mandatory. Seminars will
be held every Wednesday from 2:00 p.m. to 3:00 p.m., Eastern Standard Time.
Positive class participation during the online seminars will be given some weight (up to 10%) in determining
the raw score upon which your final grade will be based. The mid-term examination is 40% of your grade. The
Final examination is 40% of your grade. The remaining 10% of your grade is your weekly written assignments, of
either or both briefing cases or answering assigned problems in the book.
Excessive absences or failure to submit responses to the assignments are subject to the Canyon College's general
policies.
Written assignments: This is a writing class. The assignments simulate or respond to real-world immigration
problems. Most will require you to do some reading in immigration law resources not contained in the required
course texts. There will be a number of problems presented in the text regarding each chapter. Those problems will
be topics for discussion on the bulletin board for this class. You will be expected to post comments during the live
seminars, or, if you are not going to be able to attend the live seminar, you are expected to post your responses to
the problems prior to the start of the seminar. In the event you are unable to do either, you will be expected to email
the responses to the professor. His email address is bbeskanos@canyoncollege.edu,
BBEskanos@Aol.com; BBEskanos@Yahoo.com;
or BBEskanos@Hotmail.com
Web postings: any changes in the syllabus will be posted on the class web site, as will a variety of documents
and links to governmental and non-governmental web sites which will be useful in completing the required writing
assignments. Set forth below, are a series of links and extra sources of information vital to the practice of
immigration law. You are responsible for checking the website regularly for other persons comments, responding to
other students’ comments, responding to the professors’ inquiries, developments, and for referring to and (if
necessary) downloading and printing posted materials.
We will devote several classes to discussing student work, which will be submitted electronically and distributed
electronically to every class member. Deadlines are important.
If you are uncomfortable posting comments under your name, please raise the issue with me and we can create
some guidelines which will govern the submission of your work in electronic form, and which will protect your
identity from disclosure.
Deportation hearing: IF you live in a city where they hold immigration proceedings at the INS, I recommend
strongly contacting the INS office and asking them if you can attend a hearing. It is vital that you explain you are a
student studying immigration law, and can say it is part of an assignment that you attend a hearing.
There will be a series of multiple-choice examinations. They will be based on the reading material, and will be
open-book, open note, and you can use the Internet.
This class is designed for a student to begin anywhere in the semester. The student will continue until they
complete all seven weeks of class. The class will complete one chapter each week, and then re-start from the
beginning.
There will be a multiple-choice test every three weeks, and each test will account for approximately one quarter
of your grade. The participation by the student will be the deciding factor, strongly influencing the final grade, and
account for one quarter of your grade.
You should “brief” each case you are assigned to read, using the IRAC method. If you are unfamiliar with how
to brief a case, contact me for a summary of instructions on how to read and brief law cases using the IRAC (Issue,
Rule, Analysis, Conclusion) method.
Schedule
WEEK ONE
CITIZENSHIP
HINT: I recognize that this is a lot of material. However, you have one week to do the assignment. Do the
reading and brief the cases a little at a time to give yourself a chance to absorb the material. Answer the problems
as soon as you finish the reading to best answer the problem. As you finish the problem, post your answer, and
then keep on reading. Please keep your legal briefs to only a few sentences for each of the IRAC elements. IRAC
your briefs (I=Issue; R=Rule; A=Analysis; and C=Conclusion). If you have not ever briefed a case before, be sure to
let me know immediately, and I will teach you this method. You should post the briefs and the answers to problems
on the bulletin board, so others can see how to do the work and comment on your thinking. I do not want to see
remarks that are not constructive. For example, do not tell someone that their response to the problem is stupid.
You should respond by saying that you disagree with their response (if you do) and tell them WHY.
Citizenship: Chapter 1, read pp. 1-31;
Acquisition of Nationality by Birth
Assignment:
Email Professor your thoughts on a Mexican pregnant woman who jumps the fence at the border to have a baby
on the steps of a hospital in S. California. Is the baby a citizen of the US? Should it be?
Read pp. 32 – 34 on Jus Sanguinis. Do problem 1 and email answer to professor.
Brief Nguyen v. INS. Pp. 35-51. Email Professor your brief.
Naturalization: read pp. 60-81;
Brief Schniederman v. US, pp. 70-78.
Brief Price v. U.S. I.N.S. p. 84-88;
Dual Nationality: pp. 93-102
Loss of Citizenship: p. 107- 113;
Brief Perez v. Brownell, p. 117-122; Afroyim v. Rusk, p. 124-128; Vance v. Terrazas, p. 130-
139.;
ATTEND LIVE CHAT DISCUSSION: TOPIC – CITIZENSHIP AND DISCRIMINATION - EMAIL ALL
ASSIGNMENTS AND SET UP TIME FOR LIVE CHAT.
WEEK TWO
FOUNDATIONS OF THE IMMIGRATION POWER
Chapter 2: Read pages 145-174; 177-190.
Assignment:
Read Chae Chan Ping v. US, page 174-177.
Discuss in one page or less: Justice Gray says that the “right of a nation to expel or deport foreigners, who have not
been naturalized or taken any steps towards becoming citizens of the country, rests upon the same ground, and is
as absolute and unqualified as the right to prohibit and prevent their entrance into the country.” Do you think that
should be limited any more than those listed? What about suspected terrorists seeking entry? Should we be forced
to find them within any of the classifications listed? If you could write an additional provision to INA Section 237
for current circumstances, what would you write? If you would not make any changes, why not?
Brief Fong Yue Ting v. US Pages 190-204
Moral Constraints, a case for open borders read pages 232-235.
ATTEND LIVE CHAT DISCUSSION: TOPIC – SHOULD WE USE OUR MILITARY TO SET UP AN ARMED
BORDER AROUND THE US?
WEEK THREE
FEDERAL AGENCIES AND COURTS; ADMISSIONS: CATEGORIES AND PROCEDURES - IMMIGRANTS
Chapter 3-4: Read pages 238-264; 291-392
Assignment:
Brief: Fiallo v. Bell, pages 291-299.
Brief: Adams v. Howerton, pages 303-305.
Brief Bark v. Ins pages 308-310
ATTEND LIVE CHAT DISCUSSION: TOPIC – THE FEDERAL COURT SYSTEM AND IMMIGRANTS
WEEK FOUR
ADMISSIONS: CATEGORIES AND PROCEDURES – NON-IMMIGRANTS & INADMISSIBLITY GROUNDS
Chapter 4: Read pages 393-412; 425-510
Assignment:
Brief: International Union of Bricklayers and Allied Craftsmen V. Meese, pages 412-419.
Read Section e, NAFTA. Pp 420-421
Inadmissibility Grounds, Read pp. 427-452, including cases. Surprise, no briefs required.
However, review for Mid-term Examination
ATTEND LIVE CHAT DISCUSSION: TOPIC – NON-IMMIGRANTS AND INADMISSIBILITY AND DISCUSS
THE MID-TERM EXAMINATION.
WEEK FIVE
TAKE MID-TERM EXAMINATION:
Do a "think paper". The paper shall be no less than three pages, in double-spaced type. The topic will be anything
covered in the reading during the first four weeks, or any topic of interest discussed in class. I am not interested in
a regurgitation of the law, but a learned discussion on what is interesting about the topic you chose. For example, if
you were to discuss the admissibility of aliens, and thought it unfair that residents of certain countries receive
special status over other countries in terms of admissibility; I would want to know why; and what you thought
was unfair; and how you would change the system.
WEEK SIX
CONSTITUTIONAL PROTECTION OF ALIENS AFTER ADMISSION
Chapter 5: Read pages 453-594
Assignment:
Brief: United States Ex Rel Knauff v. Shaughnessy, pages 454-457; 460-468.
Brief: Kwong Hai Chew v. Colding, pages 457-460.
Brief: Landon v. Plasencia, pages 473-478
ATTEND LIVE CHAT DISCUSSION: TOPIC – CONSTITUTIONAL PROTECTIONS OF ALIENS
WEEK SEVEN
UNATHORIZED MIGRANTS IN THE UNITED STATES
Chapter 6: Read pages 535-556, 582-620
Assignment:
Brief: Goldeshtein v. INS, pages 556-559.
Brief: Flores-Arellano v. INS, pages 564-567.
Brief: Guerrero-Perez v. INS, pages 570-576
Do a short think paper (One Page): Now, given what you read, re-analyze your first fact pattern. A woman,
(Mexican Citizen) jumps over the border, crosses a river, and gives birth to a baby on the sidewalk in front of a
hospital on US Soil. What rights should the baby have? What rights should the new mother have? Is it fair to give
any rights to the baby that has no ties to the U.S. whatsoever, other than that is where it happened to be born?
ATTEND LIVE CHAT DISCUSSION: TOPIC – MIGRANT FARM WORKERS. ARE THEY ENTITLED TO ANY
PROTECTIONS? ARE THEY HARMING OUR SOCIETY BY THEIR PRESENCE, OR PROVIDING A VALUABLE
SERVICE AND LOWER CROP PRICES? SHOULD THEIR “EMPLOYERS” BE ALLOWED TO PROVIDE
SLEEPING QUARTERS THAT ARE SUB-HUMAN?
WEEK EIGHT
DEPORTABILITY AND RELIEF FROM REMOVAL
Chapter 7: Read pages 621-790;
Assignment:
Brief: Yamataya v. Fisher, pages 622-625.
Brief: Jacinto v. INS, pages 630-637.
Brief: Aguilera-Enriquez v. INS, pages 639-644.
Brief: Saakian v. INS., pages 647-650
Brief US v. Montero-Camargo, pages 670-678.
ATTEND LIVE CHAT DISCUSSION: TOPIC – DEPORTABILITY.
Hypothetical: During travels abroad, you come across a small country that absolutely hates Americans, and
everyone in it. Their children are raised watching television shows depicting Americans as hideous creatures. The
children are taught from the absolutely earliest age that their life has no value, and that they should be willing to
die in the struggle to kill Americans. They are rewarded, and surviving family members are paid if their children
wrap themselves with bombs, and blow themselves up around large crowds of Americans. They are taught to build
explosives from common household products, and learn trades that will get them jobs in areas where large people
congregate (waiters, store clerks, etc.). The children then want to immigrate into America. You are in a position to
write a law regarding these people, what laws do you want to write? You learn that some of these people already
live in the US. You are fearful that they are plotting to attack. What do you do?
WEEK NINE
REMOVAL PROCEDURES
Chapter 8: Read pages 790-1016
Assignment:
SO much reading, there will be no written assignments for this week. Get ready for the final exam.
ATTEND LIVE CHAT DISCUSSION: TOPIC – REMOVAL PROCEDURES AND APPEARANCE BEFORE THE
INS ON BEHALF OF YOUR CLIENT?
WEEK TEN
REFUGEES AND POLITICAL ASYLUM
Chapter 9: Read pages 1017 to End of Text
Assignment:
Read Last Chapter and continue to prepare for Final Exam
ATTEND LIVE CHAT DISCUSSION: TOPIC – REFUGEES AND POLITICAL ASYLUM.
WEEK ELEVEN: DO FINAL EXAMINATION
FINAL EXAMINATION.
Do a "think paper". The paper shall be no less than five pages, in double-spaced type. The topic will be anything
covered in the reading during the last five weeks, or discussed on the discussion (chat board), or any topic of interest
discussed in class. I am not interested in a regurgitation of the law, but a learned discussion on what is interesting
about the topic you chose. For example, if you were to discuss the political asylum situation, and thought it unfair
that residents of certain countries receive asylum over other countries in terms of admissibility; I would want to
know why; and what you thought was unfair; and how you would change the system.
Good luck on the Final Exam. Please turn it in one week from the last session.
