LAW 7801 - Asylum and Convention Against Torture Appellate Clinic


(CU-CEL)     
Spring. 4 credits. Letter grades only (S/U grades with permission of instructor).

Permission of instructor required. Satisfies the experiential learning requirement. This course may require off premises travel.

S. Kalantry, S.W. Yale-Loehr.

Students will write appellate briefs to the Board of Immigration Appeals on behalf of clients who have petitioned to remain in the United States because they fear persecution or torture in their home countries. These clients will typically have represented themselves pro se in Immigration Court. During the first part of the semester students will learn substantive and procedural asylum and Convention Against Torture (CAT) law, such as the nature of persecution, grounds for asylum and CAT claims, and the practical and social effects that these laws have on new immigrants who seek asylum or CAT relief. Classes may also cover practical knowledge needed for effective representation, such as advanced research and writing skills. During the second part of the semester, students will work in teams of two on appellate briefs. These briefs will not only entail serious legal analysis, but may also require sociocultural and political research, so that the students can effectively write about the conditions of the client's home country. Students will interview clients over the phone during this time, with the possibility of face-to-face interviews. Some clients may be incarcerated, and many will be out-of-state. Students may also locate expert and other witnesses, and draft affidavits and motions. The students' cases will provide a basis for more in-depth substantive learning, as well as practical skills and attorney-client issues. In class, each team will also discuss the legal and practice issues that arise in their case, so that all students can benefit from and assist with each individual case.



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