This week we are learning about asylum. We learned that in order to apply for asylum, the applicant must have experienced a form of “persecution” in their home country.
Attached are two BIA cases (CAL.pdf and AEM.pdf). Please pick one of the attached cases to brief and submit your brief in Word document in this assignment.
Your brief must be structured as follows:
CASE NAME AND CITATION: As a header on the first page of your brief, you should state the name of the case, identify each party’s role in the case, and give the full Bluebook style citation to the case.
PARTIES: Who are the parties and what are their roles?
FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion.
PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before the court?
ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure you address ALL the issues in the case.
HOLDING: Which way did the court answer the questions posed in the issues? What did they decide?
REASONING: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why?
DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court’s decision, reverse it, and/or remand it for additional proceedings?
COMMENTS: Is there anything else that should be mentioned about this case? Is it a “landmark” case? Was the court “divided”? Were there any weaknesses/discrepancies in the court’s opinions?
Legal case names should be done in standard “Blue Book” format. Example: York v. Smith, 65 U.S. 294 (1995). For further info see http://www.law.cornell.edu/citation and look under the “How to Cite” section. For more information on case brief format see “How to Brief a Case” in the Case Brief folder in the Student Resources. There is also a model case brief for the case of Delahanty v. Hinckley that you should review. The research requirement does not apply to this assignment. I want the brief to be in your own words, so do NOT include long quotes from the opinion itself.
Case briefs are used to highlight the key information contained within a case for use within the legal community as court cases can be quite lengthy.
When writing case briefs, all information must be properly cited. Make sure you are not copying and pasting from your source. Most of the material should be paraphrased; quotations should make up no more than 10% of the brief. Note: since the purpose to is highlight and summarize key information, merely copying and pasting from the case does not accomplish this goal. You must summarize the facts in your own words, using quotations sparingly.
Your brief should be no more than approximately 2 pages in length, single spaced, and in 12 point Times New Roman font.
Please remember to put your name and student number at the top of your paper. Additionally, the Rubric is attached below which details all grading criteria.