Clinic - Federal Civil Litigation USAO EDNY Division Immigration Unit
Under the supervision of Assistant U.S. Attorneys (AUSAs), students represent the government in connection with immigration litigation within the Eastern District of New York. This includes such affirmative litigation as denaturalization cases, warrant procurement and vehicle seizures, as well as defensive litigation, such as contested naturalization hearings and the defense of the myriad number of benefit related decisions made by USCIS. The students will have primary responsibility for all aspects of the cases, including drafting and answering the complaint, discovery, witness preparation, briefing and litigating procedural and substantive motions before the court and representing the government at trial. Naturalization and denaturalization cases involve full trials before district court judges. The students will have an opportunity to put on and cross examine witnesses, make oral argument, and file trial briefs. Students will also receive training in relevant aspects of immigration law, including the admission process, the different categories of aliens, the residence process, the naturalization process, the removal process and the administrative and judicial review process regarding decisions made by the immigration authorities. Students also will discuss the role and ethics of being a government lawyer. Seminar: The clinic includes a weekly 2-credit (not one credit) seminar where students receive formal instruction and training by a practicing federal prosecutor (strike - by the supervising AUSAs') on federal criminal law and procedure, including substantive criminal law, discovery, Brady material, investigative techniques, evidence, ethics, and trial skills and strategy. Students will learn how to handle direct and cross examination, opening and closing arguments, and order of proof.
The clinic enrolls students each semester. Students enrolled in this clinic must also enroll in The Government Immigration Lawyer, the mandatory two-credit seminar.
The fieldwork is letter grade only and the seminar is pass/fail.
Immigration and Nationality Law