Categories: Law Practice Skills Immigration Law

Instructor(s) Harville, Benjamin

Instructor: Benjamin Harville

General Goals for Students of the Immigrant Justice Clinic (IJC)
1. Acquire a strong working knowledge of U.S. Immigration Law and Procedure.
2. Improve oral advocacy and gain courtroom experience through direct representation of noncitizen clients in Immigration Court.
3. Improve written advocacy through the filing of motions and appeal briefs to the Immigration Court and/or the Board of Immigration Appeals.
4. Gain experience working directly with clients, particularly disadvantaged and/or unpopular clients.

By the end of the school year, IJC students should have a strong working knowledge of:
1. The grounds of deportability and inadmissibility laid out in Sections 212 and 237 of the Immigration and Nationality Act.
2. The eligibility requirements for the various forms of relief from deportation, such as Asylum, Cancellation of Removal for Permanent Residents and Non-Permanent Residents, Adjustment of Status, Special Immigrant Juvenile Status, U Nonimmigrant Status, Deferred Action for Childhood Arrivals, the Cuban Adjustment Act, and Voluntary Departure.
3. The evidentiary rules and general procedures applicable in Immigration Court.
4. The constitutional and statutory rules surrounding immigration detention, and release under supervision or pursuant to the payment of a monetary bond.
5. The contours of the “Categorical” and “Modified Categorical” analyses utilized when examining the consequences that a criminal conviction may have on a noncitizen’s immigration status or eligibility for relief from deportation.
6. The factors considered by an Immigration Judge or U.S. Citizenship and Immigration Services when making a “discretionary” determination.

By the end of the school year, IJC students should have performed the following tasks:
1. Appeared in Immigration Court for at least one substantive hearing, such as a bond hearing or a “merits” or “individual” hearing on an application for relief from removal.
2. Completed at least one application for relief to U.S. Citizenship and Immigration Services.
3. Visited the Dodge County Detention Center and performed intakes with noncitizens detained by ICE.
4. Submitted at least one substantive appeals brief to the Board of Immigration Appeals.
5. Prepared clients for final hearings or USCIS interviews through repeated client interviews and consultations.

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