1 of 12

Contemporary Issues in Civil Rights: Immigration Consequences of Criminal Activity Professor Andrea J. Garcia

University of La Verne College of Law

Fall 2018

2 Credits

______________________________________________________________________________

Professor Andrea J. Garcia

Office: 951-797-9490

Phone: 310-845-5184

Email: andrea@ajgarcialaw.com

Class Time and Place

Meeting days: Saturdays

Meeting time: 10 am

Location: TBD

Office Hours

I will be available by telephone at my office on Fridays from 10 am to 3 pm. My telephone

number is 951) 797-9490. You can also reach me via email at andreajgarcia@gmail.com. If it is

urgent and you need to ahold of me outside of my office hour times, my cell is 310-845-5184.

Course Description

This seminar addresses the contemporary relationship between criminal and

immigration law. In particular, this course explores how individuals perceived to have violated a

criminal offense are treated in the immigration law system, how individuals thought not to be

citizens of the United States are uniquely affected by criminal procedure norms and substantive

criminal law, as well as how state and the federal government have sought to police criminal

activity by noncitizens. This course will address emerging areas of post-conviction relief in

California.

Basis of Grade

Your grade for this course will be comprised of your performance on one writing assignment,

one midterm, and one final exam, plus your participation in class discussions. In addition, I am

planning a field trip to either Orange County Jail to visit ICE officers, LA Immigration Court or

Adelanto ICE Detention Center. This trip will occur two months after the start of the semester, so

you can make arrangements to attend with no excuse. I will also ask for three dates we can all

agree on, so that I may approach ICE with these dates. The writing assignment will be associated

with this trip as well. Deadlines and general information about the writing assignments will be

announced later in the semester.

2 of 12

For those who absolutely cannot attend the field trip, they must discuss the excuse with me.

Work-related and childcare related are not sufficient excuses because I am giving you two-month

notice to arrange for this trip.

Percentage Breakdown

Writing Assignment: 15% of your grade

Class Participation: 10% of your grade

Midterm: 25% of your grade

The remaining 50% of your grade will be composed of a final exam.

Required and Suggested Materials

1) Immigration Consequences of Criminal Activity, 7th Edition (hardcopy)

2) Immigration and Nationality Act (hardcopy or electronic)

3) Title 8 of the Code of Federal Regulations (hardcopy or electronic)

Other materials will be distributed in hard copy or electronically via TWEN.

ABA Standard 310

This course is designed to satisfy the requirements of ABA Standard 310. Standard 310 requires

that for each hour of in-class time, students spend two hours preparing for class (reading or

completing class assignments or assessments).

Course Objectives

Students will learn to analyze constitutional, statutory, and regulatory provisions pertaining to

immigration, as well as procedural and substantive requirements of criminal proceedings as they

affect noncitizens. Participants will also consider the motivations that resulted in various

enforcement policies grounded in civil or criminal law affecting immigration and the immigrant

community.

Course-Specific Learning Outcomes

By the end of the course students should know the difference between deportable and

inadmissible offenses, the distinct burdens of parties in removal proceedings, and understand the

classification of offenses that trigger immigration consequences. The student will learn to

identify risks for noncitizens in removal proceedings and describe on available defenses. The

student will also be able to identify and articulate the broader history of criminalization of our

nation’s immigration system.

3 of 12

Disability Accommodations Statement

Students with disabilities should refer to the policies described at the University of La Verne

Disabled Student Services Handbook [as of September 13, 2017 located at

https://sites.laverne.edu/disabled-student-services/disabled-student-services-handbook/, which

can be found on the website of the University of La Verne Disabled Student Services website

(https://sites.laverne.edu/disabled-student-services/disabled-student-services-handbook/) or at

their office. Temporary accommodations are offered on a case by case basis. All required

documentation must be submitted by the student before any formal accommodations and should

be made directly to the Director of Student Affairs.

Any student eligible for and requesting academic accommodations due to a documented

disability (or a suspected disability) is asked to contact the College of Law Director of Student

Affairs and Americans with Disability Act Compliance Officer, Akita Mungaray by email at

amungaray@laverne.edu or by phone at (909) 460-2017. Her office is located on the first floor of

the College of Law, Office # 107. You can also contact Cynthia Denne at the University of La

Verne Disabled Student Services office at (909) 448-4441. The office is located at the La Verne

campus Health Center. In order to be considered for accommodations, disabilities must be

documented, and the proper medical evaluations must be submitted. The office is here to help

you succeed in law school. Visit it online at https://sites.laverne.edu/disabled-student-services/.

Course-Specific Policies

You are expected to be in your seats and ready to begin class promptly at the start of each

class.

Your failure to be timely could cost your client his case, and even his freedom. Everyone has to

contend with unexpected contingencies (e.g., traffic, computer crashes, doctor appointments,

etc.). Schedule your day such that you may manage such contingencies when they occur.

Tardiness will affect your class participation grade and may even constitute an absence.

Plagiarism

Plagiarism is unethical and is prohibited by College of Law policy. A violation of this policy will

result in a score of zero on the assignment and the student being reported to the appropriate law

school office for investigation. Further, the student may receive a grade of no credit in the

course. Plagiarizing may adversely affect your moral character determination with the state bar,

and your future career. To avoid this possibility, student should keep in mind that assignments

are submitted for academic credit and that academic practices may differ somewhat from those

of practicing attorneys. Students should also review the Student Handbook to familiarize

themselves with the College of Law Plagiarism Policy.

Timely Completion of Assignment:

All assignments are due by the stated deadline. NO LATE WORK WILL BE ACCEPTED.

4 of 12

Reading Assignments

Week Topic Readings

8/25 What is Crimmigration?

Consequence of Criminal Activity

Removal from the United States and

Detention

pp. 1-36, 57-92, 109-133

Padilla v. Kentucky, 559 U.S. 356

(2010) (Opinion, Concurrence &

Dissent)

People v. Soriano, (1987) 194

Cal.App.3d 1470, 240 Cal. Rptr.

328.

Chaidez v. U.S., 568 U.S. 342

(2013)

Jae Lee v. US, 582 U.S. __ (2017)

Challenging Crimmigration:

Applying Padilla Negotiation

Strategies Outside the Criminal

Courtroom, Adina B. Appelbaum,

Georgetown Journal of Law &

Modern Critical Race

Perspectives 2018; 6 Geo. J. L. &

Mod. Critical Race Persp. 217

(2014)

9/8 Consequence of Criminal Activity

Removal from the United States &

Detention

pp. 580-671; 157-204

Young v. Holder, 634 F.3d 1014

(9th Cir. 2011)

Updated Guidance for the

Referral of Cases and Issuance of

Notices to Appear (NTAs) in

Cases Involving Inadmissible and

Deportable Aliens, USCIS, Policy

Memorandum (PM-602-0050.1)

June 28th, 2018

Issuance of Certain RFEs and

NOIDs; Revisions to

Adjudicator’s Field Manual

5 of 12

(AFM) Chapter 10.5(a), Chapter

10.5(b), USCIS, Policy

Memorandum (PM-602-0163)

July 13th, 2018

Matter of Siniauskas, 27 I&N

Dec. 207 (BIA 2018)

Matter of GUERRA, 24 I&N Dec.

37 (BIA 2006)

9/15 Consequence of Criminal Activity

Detention and Categorical Approach

pp. 235-243

INA 236, INA 241, INA 287

Jennings v. Rodriguez, 583 U.S.

___ (2018),

Aleman Gonzalez v. Sessions, No.

3:18-cv-01869 (N.D. Cal.).

Demore v. Kim, 538 U.S. 510

(2003)

Casas-Castrillon v. DHS, 535

F.3d 942 (9th Cir. 2008)

Diop v. ICE/DHS, 656 F.3d 221

(3rd Cir. 2011)

Preap v. Johnson, 831 F.3d 1193

(9th Cir. 2016)

Lopez-Rodriguez v. Mukasey, 636

F.3d 1012 (9th Cir. 2008)

United States v. Arizona, 567 U.S.

387 (2012)

9/22 Immigration Consequences and the

Categorical Approach

pp. 244-301

Descamps v. US, 570 U.S. __

(2013)

Esquival-Quintana v. Sessions,

581 U.S. ___ (2017)

6 of 12

Mathis v. US, 579 U.S.____

(2016)

Moncrieffe v. Holder, 569 U.S.

184 (2013)

Mellouli v. Lynch, 575 U.S. ____

(2015)

Nijhawan v. Holder, 557 U.S. ___

(2009)

Kevin Johnson, Doubling Down

on Racial Discrimination: The

Racially Disparate Impacts of

Crime Based Removals, 66 Case

W. Res. L. Rev. 993 (2016)

9/29 Immigration Consequences: Crimes of

Moral Turpitude and Aggravated Felonies

pp. 303-331

Matter of Sanudo, 23 I&N Dec.

968 (BIA 2006).

Matter of Hernandez-Casillas, 20

I&N Dec. 262, 278 (BIA 1990,

AG 1991), aff’d mem. Sub nom.

Hernandez-Casillas v. INS, 983

F.2d 231 (5th Cir. 1993)

Matter of Short, 20 I&N Dec. 136

(BIA 1989)

Uppal v. Holder, 605 F.3d 712

(9th Cir. 2010)

People v. Mansfield, (1988) 200

Cal. App. 3d 82

Ledezma-Galicia v. Holder, 636

F.3d 1059 (9 th Cir. 2010)

10/6 Immigration Consequences: Crimes of

Moral Turpitude and Aggravated Felonies

pp. 341-372

Ceron v. Holder, 747 F.3d 773

(9th Cir. 2014)

7 of 12

U.S. v. Jimenez-Arzate, 781 F.3d

1062 (9th Cir. 2015)

Sessions v. Dimaya, 584 U.S. __

(2018)

Fernandez-Ruiz v. Gonzales, 466

F.3d 1121 (9th Cir. 2006)

Tokatly v. Ashcroft, 371 F.3d 613

(9th Cir. 2004)

10/13 Immigration Consequences: Beyond

CIMT and Aggravated Felonies: Crimes

of Violence, Domestic Violence

pp. 372-408

18 USC §16

INA 237(a)(2)(E)(ii)

Cisneros-Perez v. Gonzales, 451

F.3d 1053 (9th Cir. 2006)

Matter of H. Estrada, 26 I&N

Dec. 749 (BIA 2016)

Matter of Sanchez- Lopez, 27 I&N

Dec. 256 (BIA 2018), overruling

Matter of Sanchez-Lopez, 26 I&N

Dec. 71 (BIA 2012)

Malta-Espinoza v. Gonzales, 478

F.3d 1080 (9th Cir. 2007)

Matter of U. Singh, 25 I&N Dec.

670 (BIA 2012).

10/27 Immigration Consequences: Beyond

CIMT and Aggravated Felonies: Crimes

of Violence, Domestic Violence continued

pp. 443-480, 519-578

Matter of Obshatko, 27 I&N Dec.

173 (BIA 2017)

Szalai v. Holder, 572 F.3d 975

(9th Cir. 2009),

Matter of Strydom, 25 I&N Dec.

507 (BIA 2011)

8 of 12

Alanis-Alvarado v. Holder, 558

F.3d 833, 835, 839-40 (9th Cir.

2009)

11/3 Immigration Consequences: Controlled

Substances

Mielewczyk v. Holder, 575 F.3d 9

92, 994 (9th Cir. 2009)

Nunez-Reyes v. Holder, 646 F.3d

684, 690 (9th Cir. 2011)

Carachuri-Rosendo v. Holder,

560 U.S. 379 (2010)

Matter of Batista-Hernandez, 21

I&N Dec. 955 (BIA 1997).

Matter of Paulus, 11 I&N Dec.

274 (BIA 1965)

Coronado v. Holder, 759 F.3d 977

(9th Cir. 2014)

Esquivel-Garcia v. Holder, 593

F.3d 1025 (9th Cir. 2010)

U.S. v. Leal-Vega, 680 F.3d 1160

(9th Cir. 2012)

Rodriguez v. Holder, 619 F.3d

1077 (9th Cir. 2010)

Pazcoguin v. Radcliffe, 292 F.3d

1209 (9th Cir. 2002).

Matter of Y-L-, A-G-, & R-S-R, 23

I&N Dec. 270 (A.G. 2002)

11/10 Immigration Consequences: Firearms and

other offenses

INA § 237(a)(2)(C)

Medina-Lara v. Holder, 771 F.3d

1106, 1116 (9th Cir. 2014)

U.S. v. Aguilera- Rios, 769 F.3d

626 (9th Cir. 2014)

9 of 12

U.S. v. Coronado, 603 F.3d 706

(9th Cir. 2010)

U.S. v. Casterline, 103 F.3d 76, 78

(9th Cir. 1996)

U.S. v. Pargas-Gonzalez, 2012

WL 424360, No. 11CR03120

(S.D. Cal. Feb. 9, 2012)

Immigrant Legal Resource Center

§ N.12 Firearms Offenses,

January 2013.

11/17 Immigration Consequences: Fashioning a

plea & Post Conviction Relief Options

pp.697-734

Matter of Pickering, 23 I&N Dec.

621, 624 (BIA 2003)

Matter of Adamiak, 23 I&N Dec.

878 (BIA 2006)

Norton Tooby & Andrew J.

Phillips, New Motion to Vacate

Under Penal Code §1473.7 on

Immigration-Related Grounds of

Invalidity, November 7, 2016.

Brady, Kathy and Cahn, Rose,

Helping Immigrant Clients with

Proposition 47 and Other Post-

Conviction Legal Options,

Californians for Safety and

Justice, Immigrant Legal

Resource Center, & Lawyer’s

Committee for Civil Rights of the

San Francisco Bay Area.

Transforming Public Defense in

the Era of Mass Deportation,

Andres Dae Keun Kwon

Brady, Kathy and Mehr, Michael

K., New California Drug

Provisions Helps Immigrants:

Plea Withdrawal after Deferred

10 of 12

Entry of Judgment (DEJ),

Immigrant Legal Resource Center,

October 2015.

11/26

-28 or

12/1

Make-up classes to TBD ****

Appendix of Mission, Values and Learning Outcomes

University of La Verne Mission and Values

It is the mission of the University of La Verne to provide opportunities for students to achieve

their educational goals and become contributing citizens to the global community.

The University of La Verne shares four core values that promote a positive and rewarding life for

its students through fostering a genuine appreciation and respect for:

1. Values Orientation. The University affirms a philosophy of life that actively supports

peace with justice, the health of the planet and its people. Therefore, in light of this

affirmation, it encourages students to become reflective about personal, professional,

and societal values. It also encourages values-based ethical behavior.

2. Community and Diversity. The University promotes the goal of community within a

context of diversity. Therefore, it encourages students to understand and appreciate

the diversity of cultures that exists locally, nationally, and internationally. It also seeks

to promote appreciation and preservation of biodiversity by helping students

understand the impact/dependence of human beings on their environment.

3. Lifelong Learning. The University commits itself to promoting education that

facilitates lifelong learning. Therefore, it teaches students how to learn, to think

critically, to do constructive research, and to access and integrate information in order

to prepare them for continued personal and career growth.

4. Community Service. The University believes that personal service is a primary goal

of the educated person. Therefore, it encourages students to experience the

responsibilities and rewards of serving the human and ecological community.

University of La Verne College of Law Vision, Mission, and Values

VISION

La Verne Law is an incubator for innovation in legal education, thought, and advocacy for

individuals passionate about serving their communities and promoting access and justice.

MISSION

11 of 12

The mission of La Verne Law is to guide our students in the discovery of law and self as they

prepare for the practice of law or other professional careers. Our faculty of scholars and teachers

is committed to creating an innovative, collaborative learning environment designed to develop

the knowledge and skills relevant to achieving individual and professional success.

Our mission encompasses educating, as well as enhancing the professional lives of, the members

of the local, regional, national, and international communities we encounter – students, faculty,

staff, administrators, alumni, members of the bench and bar, and others who pursue social

justice.

Our mission is grounded in the core values of the University of La Verne – life-long learning,

ethical reasoning and decision-making, diversity & inclusivity, and community & civic

engagement.

Difference-making is our legacy.

CORE VALUES

University Values: As a College within the University of La Verne we adopt and endorse the

University core values of Lifelong Learning, Diversity and Inclusivity, Community Engagement,

and Ethical Reasoning.

College of Law Core Principles and Values: As an institution dedicated to teaching and

training the next generation of lawyers and leaders, we operate institutionally and individually on

the principles of professionalism, innovation, ethics, student centeredness and community

enhancement. In our actions and interactions, we are and seek to be affirming, respectful,

humble, accountable, committed, inclusive, empathetic, responsive, passionate, and positive.

University of La Verne College of Law Program Objectives

A. Upon completion of the program of legal education, students will possess the skills and

knowledge to enable them to pass any bar examination of their choosing.

B. Upon completion of the program of legal education, students will possess those skills to

participate as respected members of the legal profession.

C. Upon completion of the program of legal education, students will model ethical,

responsible, and professional behavior.

D. Upon completion of the program of legal education, students will embrace cultural

differences and civic and community engagement.

American Bar Association Standard 302: LEARNING OUTCOMES

A law school shall establish learning outcomes that shall, at a minimum, include competency in

the following:

(a) Knowledge and understanding of substantive and procedural law;

(b) Legal analysis and reasoning, legal research, problem-solving, and written and oral

communication in the legal context;

12 of 12

(c) Exercise of proper professional and ethical responsibilities to clients and the legal system;

and

(d) Other professional skills needed for competent and ethical participation as a member of the

legal profession.

In compliance with ABA Standard 302, the University of La Verne College of Law has

established the following.

University of La Verne College of Law Program Learning Outcomes

1. Students shall demonstrate knowledge and understanding of substantive and procedural

law.

2. Students shall demonstrate competence in legal analysis and reasoning.

3. Students shall demonstrate competence in conducting legal research.

4. Students shall demonstrate competence in problem-solving.

5. Students shall demonstrate competence in written and oral communication.

6. Students shall be able and motivated to exercise proper professional and ethical

responsibilities to clients, the legal system, and the wider community.

7. Students shall demonstrate competent litigation skills.

8. Students shall demonstrate competent transactional skills.

9. Students shall apply cultural competency while exercising their legal skills.