Thursday, January 07, 2010

Immigration Law Primer From the Federal Judicial Center

This blog focuses on Tenth Circuit decisions and issues pertinent to lawyers specializing in federal criminal defense. However, with the dramatic increase in immigration crimes and the harsh immigration results that even an apparently minor conviction in state court can have on non-citizens, every criminal defense lawyer should also have a basic knowledge of immigration law. The Federal Judicial Center has posted a monograph on the topic. Intended to give judges an overview of immigration issues, it is called Immigration Law: A Primer, by Michael A. Scaperlanda.

The 186-page publication is described as follows: "This monograph provides an introduction to and overview of immigration law, with a focus on analyzing issues that arise in litigation. It sets out the legislative history, explains the statutory and administrative regime, and describes the substantive and procedural law relevant to federal judges, including circuit splits. Topics covered include the Real ID Act and its effect on judicial review, categories of admissibility, asylum, deportation, removal, relief, waiver, and remedies. The Primer addresses the role of the immigration judge, and explains the procedures set forth by the BIA, DHS, and DOJ. Workplace and enforcement issues are also discussed. Case law is current through the October 2008 Supreme Court term, and appellate and district court cases reported through 558 F.3d and 594 F. Supp.2d. The monograph contains sources for further reading, glossary, appendix, and table of cases."

Although a print version will be available later this month, it can be downloaded now from this page.