Immigration: 4 questions Essay (John Alien Case; Eduardo Case; Robert, Stanley, and Thomas Case; Strategic counterintelligence.)

Essay Instructions:

Each answer should be a minimum of 250 or more words. Question 1:  John Alien, a native and citizen of England, entered the U.S. under a non-immigrant visa in April 2004. During his stay in the U.S. he fell in love with a U.S. Citizen, married, and adjusted his status to a Lawful Permanent Resident and became a lawful permanent resident in April 2006. He has two children (ages 3 and 5) from the marriage and owns a beautiful home in Florida. He is an IT specialist for a very large military defense contact Corporation and earns approximately $130,000 per year. He has a growing 401(k) and excellent health insurance for his family through his job. With his robust salary, his wife is able to stay at home and raise their two children. He has an impeccable reputation in the community and is active in his local church and his children's school activities. In May 2012, John was arrested for possession of cocaine. He has no prior criminal history. He pled guilty to the crime and was placed in immigration removal proceedings for the drug conviction. The Notice to Appear charges John with violating §237(a)(2)(B)(i) of the INA, as having been convicted of a drug offense. You are the immigration judge presiding over his removal hearing. -Can John be placed in removal proceedings? Will you as a judge sustain the charge of removabilty? -If John is removable and the proceedings are proper, what forms of relief from removal are available to John? If any relief is available, would you grant such relief? Why? Decide the case as the judge. Question 2: Eduardo, a native and citizen of Mexico, was able to evade CBP officers and inspection by hiding in the back of a car trunk while passing through the Nogales, AZ port of entry. He is a Mexican drug cartel member and continued his criminal drug enterprise while residing in Phoenix, AZ. His luck evading law enforcement ended when he was arrested while attemtping to sell 20 pounds of methamphetamine to an undercover police officer. He pled guilty to distribution of a controlled substance, an aggravated felony under the INA, and was sentenced to 5 years in prison. After serving his 5 year sentence, ICE officials take him into custody to process him for removal. From reading our lesson plan material this week, what removal options do ICE officials have with Eduardo? Question 3 Robert, Stanley, and Thomas are brothers who are in the United States ille- gally. All three have heard that they can get their green cards because they have lived in the United States “for a long time.” They have worked here for many years and have paid their income taxes. Robert has been here since 1985, Stan- ley since 1980, and Thomas since 1970. Thomas and Stanley are both mar- ried, but their wives are illegal aliens. Robert is not married. None of them have relatives here, and all three are self-employed (with no potential job of- fers elsewhere). Under what laws, if any, may any of the three brothers gain LPR status? Question 4 Strategic counterintelligence. What is this concept? How might it be flawed? Should the US pursue the real creation of a discipline in strategic counterintelligence? Note Please answer each question separately with bibliography at the end of each answer. Also answer questions in turabian format.

Essay Sample Content Preview:

IMMIGRATION
Name:
Institution:
Date:
Question 1
CASE AGAINST JOHN ALIEN
On May 2012, John Alien was arrested for cocaine possession. John is a lawful permanent resident after he adjusted his status in April 2006. He is married to a US citizen and has two children and has no criminal record. John is convicted for violating §237(a)(2)(B)(i) of the INA even.
Can John be placed in the removal proceedings?
Being a US citizen, one has to bear the responsibility of understanding the law. It is imperative citizens of other country who have lawfully acquired citizenship through lawful permanent residence to understand that serious offenses can lead to deportation and a possible cancellation of their residence. John Alien was in possession of a substance he in his knowledge knew is illegal. We cannot tell how many other times the accused has been in possession of the substance. The fact that he was in possession could further imply that he has a source. We could further infer that he deliberately possessed the substance from the source in full knowledge of the law.
However, John Alien could enjoy some reliefs which in successful application will suspend his deportation;
Voluntary departure: John can be granted voluntary departure by the immigration as well as Homeland Security. Failure to departure within the specified time may lead to ineligibility to other reliefs.
Cancellation of Removal: The accused may apply for a cancellation of the removal if they have been a permanent resident for five or more years in the USA; has continually resided in the US for 7 years after approval of permanent residence; has not been condemned of an “aggravated criminal act” during his stay.
Bibliography
"EOIR - IJ Benchbook - SF JLC Outline - Controlled Substances - INA Â§ 237(a)(2)(B)(i)." Welcome to the United States Department of Justice. /eoir/vll/benchbook/resources/sfoutline/ina237a2bi.html (accessed October 21, 2013).
"ReliefFromRemoval." Welcome to the United States Department of Justice. /eoir/press/04/ReliefFromRemoval.htm (accessed October 21, 2013).

Question 2:
ICE REMOVAL OPTIONS FOR EDUARDO
Eduardo is a native and citizen of Mexico. He is an illegal immigrant in America and a drug dealer arrested for attempting to sell 20 pounds of methamphetamine in Phoenix AZ. Convicted for an aggravated felony under the INA and sentenced for 5 years, now in the process of removal. Typically, removal of Eduardo will be the punishment but he may face other forms of punishment. There are options that the ICE has against his removal. Some of the options are discussed below. It must be noted that Eduardo cannot have his removal cancelled.
Expedited removal proceedings against aggravated felonies: This is specifically used for aliens convicted for aggravated felonies. First, the officer issues a notice of the deportation order that alleges the convicted is removable. He may also request a copy of the confirmation being used to support the NOI charges.
Removal Proceedings before an Immigration Judge: This method involves removal of the alien procedures initiated by the government. A court hearing is not required.
Detention: If one has a criminal history and does not have a family in the US, they may be in held in detention. Else, they could be released on bond. However, these options are not available for people who have been arrested on aggravated felonies.
Judicial Order of Removal: If the alien is convicted of federal offences at the...

Updated on January 26, 2024

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