YOU SHOULD NOT TAKE MORE THAN ONE PAGE MAXIMUM TO ANSWER EACH QUESTION. DOUBLE SPACE. FONT 12. CITE THE LAW BUT DO NOT WRITE ITS CONTENT. 1. Mr. Smith, born in London, recently became a U.S. citizen. Prior to becoming a U.S. citizen, he gave a small quantity of methamphetamines to a 12-year-old in Arkansas. He did not disclose giving the drugs on his naturalization (N-400) application and answered “No” to the following question on the application: “Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?” One month after he is sworn in as a U.S. citizen, he is indicted in Arkansas and pleads guilty to distribution of a drug to a minor under Arkansas law. Arkansas’ criminal drug statutes include a list of at least 10 substances that are not defined as drugs under section 802 of the federal Controlled Substances Act. He is sentenced to 11 months in state prison. He serves 5 months and is released. The U.S. Attorney in Arkansas brings denaturalization proceedings against him solely on the grounds that he lacks good moral character because he engaged in conduct that constituted an aggravated felony under INA § 101(a)(43). The indictment does not specify which aggravated felony “conduct” he purportedly committed. You are representing him. (1) What defenses to the aggravated felony charge are available to Mr. Smith? (2) What defenses are available to Mr. Smith as to Good Moral Character? (3) lf he was convicted of an aggravated felony before he became a USC what would have been the consequences regarding naturalization? 2. Ms. Carolina Velasquez is a Venezuelan and Spanish citizen. She left Venezuela because she was a public prosecutor who declined to prosecute a person who had been accused of stealing money from Venezuela’s oil company but who Ms. Velasquez believed was being politically targeted due to his opposition to the current government in Venezuela. When she refused to prosecute the “offender,” she was fired, her life was threatened by supporters of the government, and her house was burnt to the ground. The police said they would conduct an investigation as to the threats and the arson, but they never took a police report and nothing was ever done. Prior to leaving Venezuela, she was charged with bribery and public corruption for her failure to prosecute the person accused of stealing money. Ms. Velasquez has been in a long-term relationship with a man named Bob Reynolds, who has the lowest-level felony conviction under Florida law for child pornography. Ms. Velasquez entered the U.S. on her Spanish passport. She comes to your office and seeks your advice as to what options she may have to remain in the U.S. on a nonimmigrant or immigrant basis. 3. Mr. Ahmed Mohammed, an undocumented noncitizen residing in the United States, for over 15 years is at home when he hears a disturbance outside of his apartment. An elderly man is being mugged and beaten by some gang members known in his community. He goes down to his neighbor who he knows has a gun. He borrows his gun, goes outside, and fires the gun in the air. He did so with the hope of dispersing the gang members. It worked and he saved the elderly man’s life. The police arrive and they arrest Mr. Mohammed. He is charged under federal law with being an “alien in possession of a firearm” and DHS seeks to deport him under INA § 101(a)(43)(E)(ii). You are representing him. What arguments, including constitutional and statutory arguments and relief from removal can you make in his favor in immigration proceedings other than “no good deed goes unpunished.” 4. A U.S. citizen mother from Afghanistan, Rhonda Jones, wants to apply for her 16-year-old daughter to become a lawful permanent resident through adjustment of status. The child is from Afghanistan and entered the country illegally at age 8 by evading immigration inspection at the border and has been in the country since that time. The mother files an 1-130 petition for her daughter, but before USCIS rules on the petition the child marries at 18 years old. However, the child divorces before she is 21. The petition finally gets approved when the child turns 23. You are representing her. What avenues of relief are available to her? What preference category does she fall under? Where can she apply for relief?
