Course | Columbia Law School

This course will examine immigration law and the circumstances under which a non-citizen becomes subject to removal (previously called exclusion or deportation). It will focus on the conduct of a removal case in Immigration Court, from the pleading stage through administrative appeal, with particular focus on issues of due process throughout. It is designed to present immigration law in a balance of theory and practice: to combine exposure to a very complex statutory scheme with larger issues of policy and principle, and to focus on practical applications. We will master the basics of current immigration laws regarding inadmissibility and deportability, with particular attention to the immigration consequences of criminal activity. The discussions will be augmented with the "backstories" of defining cases in immigration jurisprudence while considering current immigration court practice. We will survey the Immigration Court Practice Manual. A visit to observe immigrations hearings will be organized to enhance the students' understanding of the hearing process. We will cover issues relating to burdens of proof in immigration hearings and applications for relief from removal and issues and procedures relating to detention and bond. The course will address legal standards and evidentiary issues in the preparation of applications for: asylum, withholding of removal, protection under Article Three of the Convention Against Torture, cancellation of removal, adjustment of status and voluntary departure, with particular attention to the implications of The Real ID Act of 2005.