Challenging Government Misconduct in the Immigration Context (S)


This seminar will examine how government conduct in immigration procedure and enforcement affects the rights of noncitizens and what tools and remedies may be used in litigating the legality of such actions. The course will start by looking at habeas corpus as a means to seek judicial review of violations of constitutional and statutory rights and how creative lawyering might overcome the increasing limitations Congress has placed on habeas review over the years. Students will work in teams on real immigration habeas cases brought in federal district court. The course will then examine other types of actions, including mandamus, the Administrative Procedure Act, the Federal Tort Claims Act, Bivens, 1983, and motions to suppress evidence, actions which may be used in both immigration as well as other areas of the law. We will consider where current litigation in these areas may be heading and the effects of litigation outside the courtroom. The grade is based on collaborative work done on the habeas petitions, a hypothetical complaint and memo done over the remaining portion of the semester, and class participation. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This class will not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.