1) In 250 words or more with proper bluebook in-text citation and reference page.
In January 2000, Joe Alien, citizen of Mexico, decided he wanted to come to the United States to work. Not having any legal documents to enter the U.S., Joe hopped into the trunk of his friend's car and crossed over into the United States undetected.
He arrived in California and secured employment as a cook. While not married, he dated a girl named Jennifer and together they had a daughter named Jessica in 2005. He lived with his girlfriend and daughter for over 10 years in the United States. Jessica was born with Downs-Syndrome and requires medical attention and special needs education.
In February 2010, Joe Alien was convicted of misdemeanor shoplifting in California. He was sentenced to one month in jail and one year of probation. The maximum sentence under the shoplifting statute he was convicted under is 5 months imprisonment.
Then in May 2010, Joe Alien was convicted of First Degree Burglary and sentenced to 18 months imprisonment and 5 years probation. While in detention, Joe Alien admitted he was from Mexico and had no legal documents allowing him to be in the U.S.
After he served his sentence, ICE officials took Joe Alien into their custody and issued him a Notice to Appear. He remains in ICE detention awaiting his immigration hearing.
You are the ICE prosecutor assigned to the case drafting the Notice to Appear.
1. Is Joe Alien subject to inadmissibility under §212 or removal under §237?
2. Can Joe Alien be removed for his criminal offenses?
2) In 250 words or more with proper bluebook citation and references
Same facts as in Question 1. Plus:
Joe Alien appears before an immigration judge while detained in ICE custody. He does not dispute the charges contained in the Notice to Appear, but wants to apply for relief from removal. He submits a request and application for Cancellation of Removal for nonpermanent residents and Asylum.
In his asylum application, he claims he is afraid to return to Mexico because of his Uncle who has threatened to kill him in the past.
Is Joe Alien statutorily eligible for Cancellation of Removal? Asylum? Does Joe meet all the requirements to be eligible for these forms of relief?