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Identify the legal issues that you believe must be researched in the case involving Jane Doe

Identify the legal issues that you believe must be researched in the case involving Jane Doe

The Facts

Jane is a 14-year-old Canadian. She is not a dual citizen of any countries. She is not a United States Citizen. Her parents have been divorced for six years; since the divorce, she has lived with her father, John, in Quebec during the school term and with her mother, Anne, in New York during school breaks and holiday vacations. John is a high-level government minister whose department works toward the creation of an independent French Canadian State.

Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce. Jane has historically had a good relationship with both of her parents; however, over the past two years she has become argumentative with and emotionally distant from both parents. Anne and John have always made important decisions regarding Jane together.

Six months ago, Jane was living in New York during a school break. Halfway through the break, Jane telephoned her father in Toronto, asking to be allowed to return to Quebec early because she and Anne were not getting along. Her father told her she was to try to get along with her mother and remain in New York until the end of her school break as usual.

Two days later, Jane left home in the early morning with friends for the day, her usual routine. At 6:00 that evening, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her 21-year-old uncle Billy in California. In the message, Jane said that she hated both of her parents and believed that neither of them cared about her at all. John received a similar message. Anne was killed in an automobile accident rushing to the airport to intercept Jane.

Jane refuses to return to Canada. Since Jane is a minor, her uncle Billy wants to file an asylum petition with U.S. Citizenship and Immigration Services on her behalf. He has contacted your law firm, claiming that Jane is afraid to return to Canada because John has physically abused her and that she will be used as a propaganda tool for the separatist movement. Jane claims that other rebellious children and even adults who disagree with the goals of the government have been used for propaganda purposes.


In this unit you will identify the legal issues that you believe must be reseached in the case involving Jane Doe. Using the issues that you have identified, you will prepare and submit a research plan this week. Your plan should include a proposed list of keywords, a list of any individual websites you intend to search, and your proposed start site for general searching. If you have identified more than one issue for research, you should prepare a plan for each issue. For this Project, list the specific issue or issues you believe must be addressed. At this point, do not continue your research; just list the legal issues you believe your managing attorney has asked you to research. Then prepare a draft e-mail presenting the list that identifies the issue or issues.ork.



…………………Answer preview…………………….

The INS will most likely determine Jane cannot file for an immigration petition on her own.  According to 8 CFR part 204 § 204.1, a legal guardian must be the person to file such a petition; her Uncle Billy does not meet this requirement.  In the case of Reno v. Gonzalez 212F.3d 1338, it was determined that Elian Gonzalez’s Uncle Lazaro could not legally file a petition on his nephew’s behalf.  The reason cited for this ruling was that Lazaro Gonzalez was not Elian’s legal parent or guardian. Due to the fact that she is only 14 years of age, she would need a legal guardian or parent to file on her behalf…………………………………………


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