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 illegally. 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, Stanley since 1980, and Thomas since 1970. Thomas and Stanley are both married, 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 offers elsewhere). Under what laws, if any, may any of the three brothers gain LPR status?