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Criminal Law Keyed to Osler
United States v. Chahla
Citation:752 F.3d 939 (11th Cir. 2014)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1998 Mowafak was ordered to have a removal hearing because he was convicted of a crime and was not a citizen of the United States. He asked a frequent customer at his store, Victoria Knight to marry him to avoid immigration troubles. She agreed, they never lived together, and she dated somebody else for the length of the marriage. After their marriage, Victoria sponsored his citizenship and he paid her $200 a month for a year for lost wages due to immigration meetings. The judge granted his status to become a lawful permanent resident. Several months later Mowafak went back to Syria and married another lady named Mary, in 2005 they formally divorced and he was granted permanent citizenship in 2007.
In 2002 Antoun Chahla came to the US from Syria on a student visa. Mowafak asked Genetta Knight, Victoria’s sister, married him and then filed to change his status to become a Lawful Permanent Resident. They never lived together and Genetta met with officials twice to help get his permanent resident status, which he obtained in 2006.
In 2001 Brenda Pettit began dating Raymond Knight, Victoria and Genetta’s brother. She was asked to marry the third Chahla brother, Fadi. Brenda agreed to go to Syria, get engaged, and apply for the finance visa. She was paid $500 before the trip and $500 with Mowafak arranging the whole thing. The visa was denied. After the trip Brenda and Raymond got married, but Mowafak asked her to marry Fadi. Mowafak paid for Brenda’s divorce, and paid her $1000 to go back to Syria and $1000 upon her return. Fadi’s vias was approved and he entered the US in 2006. Brenda was paid $300 a month for assistance with additional immigration matters. In 2009 Fadi was naturalized and then divorced from Brenda. She then remarried Raymond.
Brenda began cooperating with federal officials in 2008, and recorded conversations with Mowafak and Fadi leading up to an immigration interview. The conversations show Mowafak directing her and Fadi as they prepared to like. Antoun also helped in one of the meetings.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.