Heuristics and Rhetoric in Law

Arely Ramirez Diaz May 4, 2017

As an immigration attorney, much of your approach to writing is based on heuristics. The research
method enables one to discover or learn something for themselves. The two heuristic strategies personal
traits and qualities, genres and rhetorical strategies.

What heuristic strategies to use?

Strategy 1: Personal traits and characteristics
With an increase of immigrant children entering the United States, attorneys must find qualities and traits
children possess to seek an SIJS petition. Special Juvenile status, or SIJS enables children who flee their
native countries escaping natural disasters, and dangers that include; neglect, abuse, abandonment, human
trafficking, and child labor to obtain permanent legal presence (Chavez, Menjivar, 2010). To qualify for
SIJS, the applicant must be under 21 years of age when filing form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant. The attorney must prove that the child is unable to be reunited with one
or both parents due to abuse, abandonment, neglect, or similar reason under state law (USCIS, 2010).

Strategy 2: Genres and rhetorical strategies

Providing effective arguments will be based on rhetoric and the stasis theory. Aristotle defined rhetoric
as, the ability to identify the appropriate means of persuasion in a given situation (As cited on
ClemsonEnglish, 2010). Since rhetoric helps others understand, believe and agree, it creates a basis for
attorney to use the method as a way of arguing and explaining their case to their audience. In the example,
the attorney could use the stasis theory as their rhetorical tool to investigate and determine the facts,
nature of the issue, quality of the issue, and plan of action. Stasis theory allows lawyers to create concrete
evidence showing that the child is unable to be reunited with one of her parents due to abandonment.

Example 1

Reyna, a sixteen-year-old Honduran female entered the United States without any
legal status. Her mother, Juana paid someone to bring her to the United States for
them to be reunited. Juana made the decision to bring Reyna to the United States after
she was threatened by a local gang member when she denied his advancements to
begin a relationship with him. Before coming to the United states, Reyna lived with
her ninety-year-old grandmother because Reynas father passed away when she was
three years old.
Breaking down the example into a stasis question: Allen Brizee states that there are four parts to make
an effective case outcome; Facts, definition, quality and policy (2013).

First, we must address the fact. Is there a problem, if so how did it begin and what are its causes? Yes, the
problem began with threats that Reyna received from a local gang causing Reynas mother to take a
drastic measure of bringing her to the United States without any legal status. Can it be changed? Yes,
Reyna can change her legal status because she qualifies under the statutes of the INA to receive SIJS
status.

Second, we must define the nature of the issue. What exactly is the problem? Reyna is being threatened
by a local gang member and her grandmother can no longer care for Reyna due to her old age causing a

Third, we must emphasize the quality, in other words the seriousness of the issue. What happens if we do
not address the issue? Reynas life is in danger. We can make a difference in her life by providing her the
opportunity to become a contributing citizen in the United States.

Lastly, the attorney will secure a plan of action. Who should be involved in helping to solve the problem?
First, to petition for SIJS the state court must grant the custody of the juvenile to the state agency,
department, or a certain individual since the child is unable to be reunited with one or both parents. The
state court must be provided with proof showing that the child is unable to be reunited with her father.
Additionally, the attorney must provide evidence that her grandmother can no longer care for Reyna, as it
will be neglect due to grandmothers age.

SIJS, the applicant must be under 21 years of age when filing form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant. The attorney must prove that the child is unable to be reunited with one
or both parents due to abuse, abandonment, neglect, or similar reason under state law (USCIS, 2010).

Conclusion:
Immigration attorneys with SIJS cases can take advantage of heuristics by incorporating rhetorical tools
such as the stasis theory. Attorneys must provide evidence to United States Citizenship and Immigration
Services that it is in their clients best interest to remain in the United States due to them being unable to
be reunified with one or both of their parents due to abuse, neglect, or abandonment

DISCLAIMER: This blog does not contain or constitute legal advice. This blog provides general information on encountered
immigration matters only. No government agency sponsors or is affiliated with the handling, making, or editing of this blog. This blog is
not a law firm. This blog does not substitute a lawyers advice. If you have immigration questions you can visit https://www.uscis.gov or
call the USCIS National Customer Service center at 1(800)375-5283. For legal matters, please contact an attorney licensed to practice
law with good standing.
References
Brizee, A. (2013, January 03). Welcome to the Purdue OWL. Retrieved May 02, 2017, from
https://owl.english.purdue.edu/owl/resource/736/1/

Chavez, L., & Menjivar, C. (2010). Children without Borders: A Mapping of the Literature on
Unaccompanied Migrant Children to the United States. Retrieved May 2, 2017, from
http://www.redalyc.org/pdf/151/15112895003.pdf

ClemsonEnglish. (2011, June 27). In Defense of Rhetoric Video.flv. Retrieved May 02, 2017,
from https://www.youtube.com/watch?v=BYMUCz9bHAs
USCIS. (2016). USCIS Policy Updates for Special Immigrant Juveniles:. Retrieved May
3, 2017, from https://www.immigrantjustice.org/sites/default/files/content-
type/resource/documents/2017-01/USCIS%20Policy%20Updates%20SIJS%20Practic
e%20Advisory.1.12.17.pdf