Immigration Law Final Exam Professor Erin B. Corcoran Spring 2011 IMMIGRATION LAW FINAL EXAM Instructions: You may not consult any materials other than those assigned in class or your own class notes. You are permitted to use Westlaw or LEXIS to access the Immigration and Nationality Act (INA). There are four questions. Each question counts for twenty-five percent of the total grade for this exam. You must include your exam number on every page and provide page numbers. Answers must be double-spaced and in at least 12-point font. When answering the question provide the arguments for how you have arrived at your conclusion. Questions: 1. Lydia entered the United States on a student visa in January 1995. She became a lawful permanent resident (LPR) in January 2005. Lydia has returned home to France for the month of August every year since 1995. Lydia was served with a notice to appear (NTA) in a removal proceeding in January 2007 for shoplifting baby food from Hannaford grocery store. This offense is a misdemeanor. Is Lydia eligible for cancellation of removal pursuant to INA §240A? 2. Amelia qualifies for family sponsored first preference visa and is applying for admission to the United States because her visa priority date is current. She is an unmarried adult child of a U.S. citizen and was born in Guatemala on February 15, 1989. On June 9, 2007, she was convicted of petty larceny for an act that occurred on March 20, 2006. She was sentenced to 3 months. Is Amelia inadmissible pursuant to INA §212(a)? If an inadmissibility ground applies, what waivers pursuant to INA § 212(a)(2)(A)(ii) might apply? 3. Gerald was admitted to the United States a legal permanent resident on April 15, 2001. In 2006, he was convicted after being arrested on March 1, 2005 for tax fraud. In 2009, he was convicted of money laundering. Is he deportable pursuant to INA §237(a)(2)? 4. On January 1, 2011, Concord, New Hampshire City Council passed Special Order 27. The Order states: Officers shall not initiate police action with the objective of discovering the alien status of a person. Officers shall not arrest or book persons for violation of title 8, section 1325 of the United States Immigration code (Illegal Entry). 1 Immigration Law Final Exam Professor Erin B. Corcoran Spring 2011 The Department of Homeland Security (DHS) has initiated a new program called “Secure Communities,” which requires partnering jurisdictions to submit fingerprints taken at a jail to 2 federal DHS databases in addition to other databases that are generally used following an arrest. This fingerprint check allows state and local law enforcement and DHS to automatically and immediately search the databases for an individual’s criminal and immigration history. You are General Counsel to the Mayor of Concord. DHS has approached the Mayor about participating in the “Secure Communities” Program. DHS has also indicated that Concord’s participation in this program is not optional or voluntary; it is mandatory. The Major has asked you to advise him: a) if the Secure Communities Program conflicts with Special Order 27; and b) if these policies conflict, which policy is he legally obligated to follow? 2