Law homework help
To: Immigration Law Students
From: Prof. Ilene Durst
Re: Final Exam Advice
Date: November 19, 2020
FINAL EXAMINATION
- These are my standard instructions and will apply to your exam. As noted in class,
I reserve the right not to include bonus questions this semester.
This exam consists of two essay questions, worth 50 points each,
for a total of 100 points. For each question, you should spend 20-30
minutes reading and outlining, and 60–70 minutes writing. [At the
end of the exam, there are bonus questions worth 5 points total;
you will receive credit for the bonus questions only if you first
answer the essay questions.]
For both essay questions, be sure that you state or cite the appropriate
governing rule(s) for your analysis. You should assume that the
background notes and any other information provided are reliable
and complete. Do not “create” facts other than those provided;
you may draw reasonable inferences from the facts, but do not invent
a new scenario. If you determine that additional factual research
is necessary, you should indicate the precise nature of the necessary facts,
why those facts are relevant, and how you would discover them.
- The major mistakes that students tend to make on the exam are:
- Omitting the opposing arguments. This means that you must include the government’s and the noncitizen’s arguments, even if you have decided that either party will prevail.
- Omitting the discretion analysis. Many of the remedies available
for grounds of inadmissibility and deportation are discretionary, which you can usually identify by statutory language, e.g., the [government] may [grant relief]….” You must address this element of the claim where it applies; it is generally a totality of the circumstances-type analysis and does not require a definitional rule.
- If you are using a hard copy of the statute, tab it so that you can readily find the relevant statutory section.
- The exam will not address:
the public charge ground for exclusion or removal;
admission procedure;
DACA;
refugee and asylum law;
cross-cultural communication; or
naturalization requirements.