S. Trial Skills: Immigration

Method of Evaluation: There is no final examination or paper. There are three short writing assignments. Students must come to class prepared to actively participate in, and to promote, lively discussions and exercises so that all of the class can learn and can excel. Two case briefings and one observation in any Immigration Court with an essay of the student’s impressions of trial techniques observed are mandatory and due as noted in the syllabus. Attendance is mandatory. If there is an emergency, contact the professor immediately.

This is a 3 credit (42 hour) course. It is a hybrid of a trial skills class, relevant to theories of relief from removal from this country. It will include discussion and analysis of current law governing the removal from United States of foreign-born individuals by utilizing a dozen precedential reported cases which set forth the prima facie elements of relief from removal. We will review eligibility requirements of these protections against removal using these same cases. Students will, throughout the course, also utilize a National Institute of Trial Advocacy (NITA) type based method of developing testimonial evidence from historical case law that illustrates the prima facie elements for the forms of relief.

This is not a policy or research course. The skills students will learn in this class are persuasion and advocacy skills which can be used in any courtroom, arbitration, negotiation or public speaking setting. Students will learn how to do basic opening statements, conduct direct and cross examinations of a fact witness and an expert witness, and will learn how to do a closing statement. This is a participatory class. In the various exercises, students may be assigned to be a witness or a lawyer for either the respondent or the Department of Homeland Security.