Posted: August 25th, 2021
Jacques Baptiste Legal Memorandum
University
To: Senior Partner
From: Karen Krzesniak
RE: Jacques Baptiste Immigration Status
Date: August 29, 2019
MEMORANDUM
Facts
Jacques Batiste is a Canadian citizen who is employed as a maintenance worker at a hotel by the Canadian border in the state of New York. While working one evening, Jacques witnessed a drug transaction between two individuals in a staircase who then fled out of the emergency exit leaving evidence of stamp-marked bags of heroin behind. Jacques notified his manager who then called law enforcement. It was discovered several individuals had died from an overdose of the same drugs that were found at the hotel. Prosecutors want Jacques to be their key witness for the murder trial of the dealers who sold the drugs. Because Jacques is not an American citizen and not legally authorized to work in the United States, he is worried about his immigration status. Although Jacques is dating a woman who is an American citizen, they do not have immediate plans to marry.
Issue
It is unlawful to be in the United States without the correct documentation which guarantees either a temporary or permanent stay. Jacques is liable for prosecution based on his immigration status. Nonetheless, his act of goodwill is demonstrated when he reports the drug dealers to the authorities. To prosecute the suspects, the prosecutors need Jacques’ witness testimony. However, cooperation is not easy due to Jacques’ controversial immigration status. Based on this issue analysis, two major concerns emerge as outlined below.
Rules of Law
Analysis
According to 8 C.F.R. § 214.14 (a) (9), Jacques qualifies for the nonimmigrant status because he is of adult age.Jacques is involved in two capital offenses as a potential witness. With regard to 8 C.F.R. § 214.14 (a) (12), he is likely to be helpful when invited by the prosecution to be a witness. This means that he is eligible for the nonimmigrant status. 8 C.F.R. § 214.14(b)(1) -(4) (2013) guarantees Jacques constitutional protection regardless of his immigration status. With regard to Plyler v. Doe, 457 U.S. 202 (1982), Jacques’ help in the prosecution of the suspects grants him protection from persecution for being unlawfully in the United States.
Conclusion
Jacques can be part
of the criminal case as a key witness.
He should, however, seek legal counseling services to find out what his
rights are and understand what to tell the court about his certification. He
should acquire S-5 Visa immigration status to avoid incriminating himself. Also,
counseling services can help him receive nonimmigrants certification, in
particular, a U-5 Visa (Immigration Reform and Control Act of 1986,
n.d.). This would ensure
his immigration status would have no effect on the court case he is set to
participate in as a key witness.
References
8 C.F.R. § 214.14. (2019, July 29). Retrieved August 29, 2019, from https://casetext.com/regulation/code-of-federal-regulations/title-8-aliens-and-nationality/chapter-i-department-of-homeland-security/subchapter-b-immigration-regulations/part-214-nonimmigrant-classes/21414-alien-victims-of-certain-qualifying-criminal-activity
Immigration Reform and Control Act of 1986. (n.d.).
Plyler v. Doe, 457 U.S. 202 (1982).
The U visa: A potential immigration
remedy for immigrant workers facing labor abuse. (2014). Retrieved from National
Employment Law Project website: https://www.nelp.org/wp-content/uploads/2015/03/UVisa.pdf?nocdn=1
LS244 Unit 7 Grading Rubric
Category | Description | Weighting | Possible Points | Points Earned |
Content | INTERNAL LEGAL MEMORANDUM: Statement of Facts (10)Question(s) Presented (10)Short Answer(s) (5)Applicable Law (10)Analysis (20)Conclusion (5) ** Table of Authorities must be included see “Citation Style” below** | 60% | 54 | 48 |
Sentence Mastery | Sentences are consistently grammatical. Major sentence‐level errors, including fragments, run‐ons, and comma splices, are avoided.Sentences are graceful, i.e., they can be read aloud without awkwardness, awkward pauses, or running out of breath.Language is rich, precise, and vivid. | 10% | 9 | 8 |
Grammar and Mechanics | Spelling is proficient. Spellcheck has been used to avoid egregious errors.Grammar and mechanics are sound, including mastery of the following key elements: subject‐verb agreement; verb form; appropriate punctuation and capitalization; apostrophe use; appropriate word use.There are no extra words, and there are not missing words. | 10% | 9 | 8 |
Organization and Format | Organization and structure are clear and easy to follow. Writing shows clear purpose and orderly transitions from beginning to end. Sentences consistently establish this organization and flow rather than interrupt it.Format meets APA guidelines or Bluebook rules as appropriate, including use of title pages. There is no playful experimentation with fancy fonts.It is written for the appropriate audience. | 10% | 9 | 9 |
Citation Style | Writing shows both internal citations in the body of the text as well as a proper list of references at the end of the paper, following APA or Bluebook format.Citations appear consistently where needed, whether following quoted or paraphrased material in the text. Note: In papers requiring secondary sources, failure to provide any citation does not result in a deduction of 10% from the paper, but will result in a failed paper and a plagiarism investigation. | 10% | 9 | 8 |
Nice job Karen. I know it is not easy to undertake the research process, but here you have presented a cohesive explanation and application. See notes attached and be sure to bring in primary and secondary sources. | Total: 100% | 90 Possible Points | 81 Points Earned |
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