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Supplementary Documents for: Immigration and Nationality Law: Cases and Materials

Page Last Revised - 08/11/2006

Note -- many of the documents on this site require the Adobe Acrobat Reader (free software) available at this link.  

Note: In March of 2003 the Immigration and Naturalization Service was formally reconstituted into the Bureau of Citizenship and Immigration Services (BCIS) and the Bureau of Immigration and Customs Enforcement (BICE).  As the agency promulgates regulations and goes about the changeover to the Department of Homeland Security (DHS) there will be a great deal of confusion because some of the immigration functions will be retained within their original departments.  To be sure, most of the powers have moved to DHS, but consular functions remain at the Department of State, much adjudicatory functions remain with immigration judges who are part of the Department of Justice and there remains the role for the Department of Labor and Public Health Service.  In terms of following the regulations, the Department of Homeland Security (DHS) regulations will retain the old designations while the Department of Justice rules will be preceded by a "1" and will retain the Title "8" of the C.F.R.  For example the asylum regulations which are found at part 208 of the Code of Federal Regulations and the rules governing asylum officers under DHS are located in 8 C.F.R. § 208.  The regulations governing the Board of Immigration Appeals and immigration judges on asylum matters which are part of the Department of Justice will be found at 8 C.F.R. § 1208.  Therefore in reading the cases and literature one should be mindful that many of the references have changed.  You will also find this when reading pre- 1996 cases due to the major statutory revisions written in the 1996 Act.

bulletRecent Immigration Legislation 

    Analysis of the REAL ID Act of 2005 (House legislation)

bulletImmigration Reform Legislation

    Comprehensive Immigration Reform Act (S. 2611) 

    H.R. 4437

Chapter 1 - Introduction

INS to be Transferred to The Department of Homeland Security (Complete legislation, special attention should be paid to Title IV -  Directorate of Border and Transportation Security and the Bureau of Citizenship and Immigration Services). The Executive Office for Immigration Review, which includes the Board of Immigration Appeals and Immigration Judges will remain within the Department of Justice.

68 Fed. Reg. 9,824 (2003) [Regulations issued on Feb. 28, 2003 incorporating the move by INS from the Department of Justice to the Department of Homeland Security]

 

Chapter 2 - Immigrant's Rights in the Social Context

  1. Public benefit provisions under the immigration laws -  8 U.S.C. §§ 1611 et. seq. (in pdf); 8 U.S.C. §§ 1611 et. seq. (in html)
  2. California Education Code § 68130.5 provides for the treatment of certain undocumented persons as residents for tuition purposes this link is to the code provision.  Other state provisions will be posted here at a later date.  At least nine other states provide some form of in-state treatment for undocumented persons.  They are: Illinois, Kansas, Nebraska, New Mexico, New York, Oklahoma, Utah, Texas and Washington.  A very useful link on this issue is http://www.ncsl.org/programs/immig/ 

 

Chapter 3 - Admissibility and Removal

  1. References: 8 U.S.C. § 1182(a), INA § 212(a) [pdf] [word document] [This section includes all amendments through Feb. 2006]
  2. Notice Issued by the Attorney General Relating to Expedited Removal, 67 Fed. Reg. 68,924 (2002) (November, 2002)
  3. Poverty Income Guidelines for 2006 -- 71 Fed. Reg. 3,848 (2006)
  4. (Provisions of the USA PATRIOT Act which relate to admissibility) - Patriot Act in pdf; Patriot Act in wordperfect; Patriot Act in rtf
  5. 9 F.A.M. 40.0 et seq. (special attention to be paid to the note sections under the Foreign Affairs Manual) the manual can be found at this link: http://foia.state.gov/regs/search.asp  

Chapter  4 - Removal After Admission

Chapter 5 - Protection from Persecution

    References: 

  1. Final Rule on Asylum, 65 Fed. Reg. 76,121 (2000)
  2. Proposed Gender Regulations 
  3. Attorney General Order vacating Matter of  R-- A-- (pdf file)
  4. Canadian Guidelines for Women Refugee Claimants (link)
  5. Canadian Guidelines for Child Refugee Claimants (link)
  6. Gender Guidelines for Asylum Determinations (South Africa) (pdf)
  7. TPS Designations by the USCIS (link)

Asylum Hypotheticals - 

The Case of Mr. B

Gina Canales

Tomas Becerra

 

Chapter 6 - Nonimmigrant Visas

  1. Link to the U.S. Immigration and Customs Enforcement (ICE) website on the Special Registration Program
  2. Link to the U.S. Immigration and Customs Enforcement (ICE) website on the Student and Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS) to which schools throughout the United States enter information regarding their foreign students. 
  3. Reduced Course Load for Certain F and M Nonimmigrant Students in Border Communities, 67 Fed. Reg. 54,941 (2002)
  4. Regulations relating to Persons from Certain Countries in the U.S. as Nonimmigrants

 

Chapter 7 - Family-based Immigrants

Link to the most current Department of State Visa Office Bulletin for Family Based Immigrant Preferences

 

Chapter 8 - Employment-based Immigrants

Link to the most current Department of State Visa Office Bulletin for Employment-based Immigrant Preferences

 

Chapter 9 - Permanent Residency for Persons Already in the U.S.

No additional materials

 

Chapter 10 - Relief and Amelioration of Grounds for Removal

Final Approval in Barahona-Gomez Suspension Class Action Announced
(A copy of the settlement in the case involving application of provisions of the 1996 Amendments to persons who had suspension of deportation claims pending at the the 1996 Amendments were enacted)

 

Chapter 11 - Citizenship: Acquisition and Loss

No additional materials

 

Chapter 12 - Administrative Appeals and Judicial Review

  1. The Barahona-Gomez case referred to in the Casebook on pg. 849 and in the Chapter Supplement has been settled by the parties.  For a copy of the settlement, click on this link.
  2. EOIR Forms
  3. Immigration Courts and Local Operating Rules 
  4. Streamlining Procedures of the Board of Immigration Appeals (pdf) Procedural Reforms to Improve Case Management, 67 Fed. Reg. 54,878 (2002)
  5. Redlined version of 8 U.S.C. § 1252 as a result of changes made by the REAL ID Act

                

 

©1998-2005 Prof. Richard A. Boswell, UC Hastings College of the Law, 200 McAllister Street, San Francisco CA 94102 - 415-565-4633
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