Immigration Research Assignment: Bluebook, John Alien (Essay Sample)

Student’s Name
Professor’s Name
Institution
Course
Date
John Alien
Whether an immigrant has been arrested by immigration officers for illegally being in the country, or pursuant to a conviction to a criminal offense deportation hearings are instituted, an immigration judge will still preside over the court which implies that as an immigration judge, I have the jurisdiction to hear and determine this case. The question before court today is whether or not John Alien who pleaded guilty to the possession of a banned substance is liable for deportation back to England under The United States of America Deportation law and Statutes. At this point, it is important that we establish that the body of immigration law that exists in America is entirely federal, State laws only provide a bridge over which federal immigration law may apply.
In these circumstances, I would accede to the removal and consequent revocation of the citizenship. This is bearing in mind the fact that cases are heard and determined not on merit of remorse or empathy. The accused has openly pleaded guilty of an offence which is inherently criminal. The penalty for the offense which the undersigned has been convicted of is one in the nature of crimes deemed to be crimes of moral turpitude or in some states, aggravated felony. Under immigration law, this alone is sufficient ground for removal from the country and citizenship revoked. Furthermore, the prison sentence for the possession of cocaine is more than a year which is more than the prescribed period within which the judge may extend discretion not to accede to removal. This matter is complicated by the fact that Mr. Alien here is married to an American citizen whose Fifth Amendment rights shall be violated since her freedom of association shall be limited. That is however no reason to persuade this court otherwise.
Eduardo
Instances when one may be deported are numerous and unlike other diverse areas of law, are not assessed on a case by case basis. As soon as it has been proven that an offense or a violation was committed that is punishable by deportation or removal from the country, the immigration judge is always at liberty to issue a judgment to convict. In Eduardo’s case, there are issues which must first be heard and determined. It is important that we establish the circumstances of his stay before an application for removal or deportation. Courts are not approached in vain and it would be a fatal oversight by ICE officials to approach the immigration tribunal to challenge the stay of an alien.
Though it is clear that he was never issued with American citizenship, the fact that he served a prison sentence within America may suggest that he was conferred such an identity except, with cases that involve terrorism and drug trafficking, the United States may incarcerate or otherwise punish foreigners without conferment of citizenship. Such is the case of Eduardo. In Eduardo’s case, the ICE does not have a difficult task because their subject is not an American citizen. All they need to convince the court of are the fact that Eduardo is affiliated with or is a member of a certain group that objects to the interests of the American government. They may also argue that he has been convicted of crimes which are of moral turpitude in nature. The other ground that may be used by the ICE is to argue that his incarceration period lasted more than one year and his crime was in the nature of an aggravated felony which is a ground for removal.
Robert, Stanley and Thomas
There are four paths that one may follow to attain the status of a Lawful Permanent Resident. These are family based immigration, Employment based immigration, Diversity or lottery immigration and Refugee or asylum based migration. In the case of the three, it appears two of the four avenues have already been exhausted or rather are not available. The only options available are seeking asylum or lottery immigration. Diversity lottery is conducted on an annual basis that selects up to 55 000 candidates or as many as agreed to by the congress as eligible candidates. These applications are usually filled out by prospective candidates at the American embassies in the home countries of the individual seekers.
The other option at the disposal of the undersigned is to seek asylum or refugee status in the United States; a temporary citizenship that with time may be deemed permanent. The difference between applicants for asylum and refugees is just the point of application otherwise the reasons are usually more or less the same. W...