Law Assignment #3 Immigration



Memorandum

From: John Doe

Date: December 15th 2012

Issue

The issue in this case is under the Immigration Law, all immigrants who possess legal permission from the immigration authorities are allowed to stay in the country. Their permission might either be a permanent residency or temporary residency.

Rule

Under the American rules, aliens are guilty of unlawfully entering or staying in the country if they do not possess the authentic 'residency card' or 'temporary card' that has not crossed its expiry date. In Agosto v. INS - 436 U.S. 748 (1978) the defendant Aogosto was about to be deported because they had obtained evidence of his birth not being of American origins, without granting him de novo or hearing the defendant's side of the story.

The Board of Immigration Appeals revoked the Court's initial decision because Statue Ninth Circuit Section § 106 (a) (5). provides that, whenever a petitioner "claims to be a national of the United States and makes a showing that his claim is not frivolous," the court of appeals is to transfer the proceedings to the district court for a hearing on that claim if "a genuine issue of material fact as to the petitioner's nationality is presented." Since Aogosto had wished to call witnessed like his mother and brother to testify for him, he had claimed a 'genuine issue'.

Similarly, considering the circumstances of the current case, of Mr. Iglesia, since the Court gave the order for deportation, with considering the evidences that might verify the “his claim is not frivolous”, the Board of Immigration Appeals can be invoked on the case because of the same Statue Ninth Circuit Section § 106 (a) (5). Mr. Iglesia's claim is that he is a temporarily legal alien who is only awaiting his final permanent legal American Residency permit to arrive, ...