Agenda, Wednesday, July 22nd

Fundamentals

Primer on Waivers of Inadmissibility 10:00 am–11:00 am ET

Primer on Waivers of Inadmissibility

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Overview

Clients subject to a ground of inadmissibility may be eligible for a waiver. Panelists in this fundamentals session will provide an overview of immigrant and nonimmigrant waivers, focusing on who qualifies and how to file.
Agenda and Speakers

  • Qualifying for a Nonimmigrant Visa Waiver Under INA §212(d)(3)
  • How to Apply, When and Where to File, the Adjudication Process
  • The More Complicated Immigrant Visa Waiver
  • Requisite Qualifying Relative, Documenting Hardship
  • Adjustment of Status vs. Consular Processing
  • Advance Permission to Reapply for Admission

Anthony Drago Jr. (DL), Boston, MA
Bridgette M. Bennett, Groveland, FL
Jennifer Doerrie, Fresno, CA
David N. Simmons, Denver, CO

Anatomy of a Removal Proceeding 101 11:30 am–12:30 pm ET

Anatomy of a Removal Proceeding 101

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Overview

Representing clients in removal proceedings starts before you set foot in the courtroom. Panelists on Part I of this two-part fundamentals session will provide you with the basics you need to be an effective and prepared litigator in removal court.
Agenda and Speakers

  • Commencement of Proceedings: Breaking Down the Notice to Appear
  • Distinctions Between Being Charged with Deportability Versus Inadmissibility
  • Who Bears the Burden of Proof?
  • Available Forms of Relief

Lindsey Gauzza (DL), New York, NY
Rossana Rolon Grau, Falls Church, VA
Elham Sadri, San Jose, CA
John L. Sesini, Milwaukee, WI

Anatomy of a Removal Proceeding 102 1:15 pm–2:15 pm ET

Anatomy of a Removal Proceeding 102

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Overview

Preparing for court is only half the battle; you still have to litigate the case. Panelists in Part II of this two-part fundamentals session will focus on the more procedural side of representing clients in removal proceedings.
Agenda and Speakers

  • Master Calendar Hearings, Pleading to or Challenging the Notice to Appear
  • Filings with the Immigration Court: Motions, Applications, and Evidence
  • Monitoring Legal Developments and Changes to Client’s Circumstances Before the Individual Hearing
  • The Importance of a Pre-Hearing Brief and a Trial Notebook
  • Procedure of the Individual Hearings: What Happens? How Do You Prepare?
  • Handling Post-Order Issues

Rebecca Kitson (DL), Albuquerque, NM
Teddy Chadwick, AILA University Committee Vice Chair/NMD Steering Committee Vice Chair, Milwaukee, WI
John J. Marandas, Lake Oswego, OR

Nonimmigrant Overview Makeup Session 2:15 pm–2:45 pm ET

Nonimmigrant Overview Makeup Session

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Overview

This is a 30-minute Zoom meeting to address the content which was interrupted by technical difficulties in Monday’s Nonimmigrant Overview panel. The original session description is below: The objective of this panel is to give new practitioners a basic overview of the nonimmigrant visa categories. Panelists will cover all nonimmigrant visa categories, from visitors to temporary workers, and will address when each is appropriate for clients. The information in this panel is intended to serve as a basis for a more detailed analysis of these visas offered in other sessions.
Agenda and Speakers

  • B-1 and B-2: Visitor. E-1 and E-2: Treaty Traders and Investors.
  • H-1B, H-1B1, and E-3: Temporary Workers, H-2A and H-2B: Seasonal Workers.
  • TN: Canadian and Mexican Professionals.
  • L-1A and L-1B: Intracompany Transferees.
  • O: Extraordinary Individuals.
  • P: Athletes, Artists, and Entertainers.
  • R: Religious Workers.

Maggie M. Murphy (DL), AILA Board of Governors, Austin, TX
Elizabeth R. Edwards, Charlotte, NC
Margaret Holland Sparages, Boston, MA
Tahmina Watson, Seattle, WA

Detention 101 2:45 pm–3:45 pm ET

Detention 101

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Overview

Representing detained clients can be one of the more difficult and demanding immigration practice areas. Panelists on this fundamentals session will discuss various issues related to detention practice, including client access, bond hearings, and mandatory detention.
Agenda and Speakers

  • How to Find a Client in Detention
  • Difficulty with Access to and Contact with Clients
  • What Happens When the Client Is Moved?
  • Release, Parole, and Bond by ICE* Bond Requests and Hearings

John Patrick Pratt (DL), AILA Board of Governors, Coral Gables, FL
Aaron Hall, AILA ICE Liaison Committee Vice Chair, Aurora, CO
Homero López, New Orleans, LA
Benjamin L. Simpson, New York, NY

Family (Litigation Mini Track)

Litigation Skills for Non-Litigators, Mini Track: Removal Proceedings for Family-Based Practitioners 4:15 pm–5:15 pm ET

Litigation Skills for Non-Litigators, Mini Track: Removal Proceedings for Family-Based Practitioners

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Overview

Never give in! Fighting for your client doesn’t end with a denial from USCIS, so don’t abandon your family-based case just because your client winds up in removal proceedings. Panelists on this intermediate panel will provide expert guidance and litigation tools to help you fight back.
Agenda and Speakers

  • Basics of Removal Proceedings Everyone Should Know: NTAs, EOIR-28s, etc.
  • Knowing Your Court: Common Pet Peeves from Immigration Judges
  • Matter of Castro-Tum, Matter of L–A–B–R–, and Matter of Sanchez Sosa: Getting Continuances for USCIS Adjudication of I-130s, I-918s, I-929s, etc.
  • Challenging I-751 Denials Before an Immigration Judge
  • When DHS Won’t Agree to Termination to Allow for USCIS Adjudication
  • Affirmative and Defensive BIA Appeals: Automatic Stays

Daniel Shanfield (DL), San Jose, CA
Emily Abraham, Berkeley, CA
Cory Forman, New York, NY

Litigation Skills for Non-Litigators, Mini Track: Federal Court Litigation for Family- Based Practitioners 5:45 pm–6:45 pm ET

Litigation Skills for Non-Litigators, Mini Track: Federal Court Litigation for Family- Based Practitioners

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Overview

As a family-based practitioner, you don’t always think about litigating. Given the current enforcement-minded climate and lengthier delays, however, it’s time to seriously consider taking the government to court! Zealous advocacy requires knowledge of this process and the options available to your clients. Our panel of experts will provide an overview of the building blocks to successful litigation for experienced family practitioners.
Agenda and Speakers

  • Best Practices for Serving Clients Given the Crisis-Level Processing Delays and Backlog: Mandamus Litigation* Habeas Petitions on Behalf of Detained Clients
  • 8 USC §1421(c) Review of Naturalization (and N-336) Denials
  • “They Can’t Do That!”: APA Violations Regarding I-130s, I-751s, N-400s, etc.
  • Where to Turn to for Help: Overview of Available Resources

Michael W. Gahagan, (DL) Metairie, LA
Mark Stevens, Fairfax, VA
Tamara L Jezic, Wheaton, MD
Maris J. Liss, Farmington Hills, MI

Litigation

Hot Topics in Removal: Case Law Updates 10:00 am–11:00 am ET

Hot Topics in Removal: Case Law Updates

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Overview

Panelists in this intermediate session will discuss the latest case law developments, upcoming battles in the courts, and new arguments to make to preserve the issues. Topics will include developments in crimmigration, false claims to U.S. citizenship, and termination of proceedings.
Agenda and Speakers

  • Important Immigration Cases Pending in the Circuit Courts and U.S. Supreme Court
  • Burdens of Proof and Eligibility for Relief
  • Realistic Probability and Controlled Substance Offenses
  • Cancellation and the I-589: To Withdraw or Not to Withdraw the Asylum Claim?
  • Unwitting False Claims to U.S. Citizenship

Keli M. Reynolds (DL), Los Angeles, CA
Helen Parsonage, Winston Salem, NC
Michael S. Vastine, Miami Gardens, FL
Ben Winograd, Alexandria, VA

How to Formulate a Legally Cognizable Particular Social Group After Matter of A–B– 11:30 am–12:30 pm ET

How to Formulate a Legally Cognizable Particular Social Group After Matter of A–B–

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Overview

Matter of A–B– made establishing a legally cognizable particular social group (PSG) extremely difficult in more than just domestic violence-based asylum claims. The panelists in this expert session will do a deep dive on the current law of PSG formulation, and work through how and when to craft a winning PSG for your asylum claims. Formulating an approvable PSG is not something to worry about the morning of your individual hearing, but rather, it is something to work on from the first consultation with a new client.
Agenda and Speakers

  • Gender– and Gang-Based Asylum After A–B–
  • Family– and Gender-Based PSGs, Political Opinion as Alternatives
  • Finding the “Goldilocks Zone:” Not Too Broad, Not Too Small, and Not Too Circular
  • How to Develop and Plead Your PSG at an Early Stage* How to Support Your PSG Through Testimony and Supporting Evidence

Jeffrey S. Chase (DL), Brooklyn, NY
Deborah Anker, Cambridge, MA
Karen Musalo, San Francisco, CA
Evelyn Smallwood, Durham, NC

Year Four of the Trump Administration: What’s Happened, What’s to Come, and How COVID-19 Has Impacted Immigration Policy in the U.S. 1:15 pm–2:15 pm ET

Year Four of the Trump Administration: What’s Happened, What’s to Come, and How COVID-19 Has Impacted Immigration Policy in the U.S.

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Overview

The Trump administration has proposed a dizzying array of immigration policy changes over the last year, ranging from restrictions on legal immigration to the U.S., to efforts to eliminate humanitarian programs such as TPS and DACA, to its relentless assault on asylum. The administration has also used the COVID-19 pandemic to aggressively pursue its immigration policy priorities. Our subject-matter experts will discuss the latest developments in immigration policy and their implications for immigrants throughout the U.S. and those at our southern border. We will also consider the role of the 2020 election on immigration policy and what to expect as we approach election day.
Agenda and Speakers

Royce Bernstein Murray (DL), Managing Director of Programs, American Immigration Council, Washington, DC
Jorge Loweree, Policy Director, American Immigration Council, Washington, DC
Aaron Reichlin-Melnick, Policy Counsel, American Immigration Counsel, Washington, DC
Kathryn Shepherd, National Advocacy Counsel, American Immigration Council, Washington, DC

Hot Topics in District Court Litigation 2:45 pm–3:45 pm ET

Hot Topics in District Court Litigation

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Overview

What are the hottest topics circulating through the district courts right now? What new policies and agency adjudication trends should you be challenging in district court? The litigation experts on this advanced panel will discuss what is ripe for federal challenge.
Agenda and Speakers

  • Recent Trends in District Court Litigation: What’s Been Challenged, Types of Outcomes Practitioners Have Received
  • How to Be the Groundbreaking Litigator You’re Meant to Be: Trends and Decisions That Are Ripe for Challenge
  • Best Cause(s) of Action for Bringing Novel Challenges: APA Only, Habeas and APA, TRO
  • Why You Shouldn’t Be Afraid to Bring a Novel Legal Challenge in District Court

Zach Nightingale (DL), San Francisco, CA
Holly S. Cooper, AILA Federal Court Litigation Section Steering Committee, Davis, CA
Jeffrey A. Devore, Palm Beach Gardens, FL
W. John Vandenberg, Philadelphia, PA

Successfully Challenging USCIS in Federal Court 4:15 pm–5:15 pm ET

Successfully Challenging USCIS in Federal Court

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Overview

Going to federal court can be intimidating. Panelists on this intermediate panel will provide an overview of different types of federal court actions used by immigration practitioners, and will address what to expect in response from the government.
Agenda and Speakers

  • Mandamus, Review Under the Administrative Procedure Act
  • Declaratory Judgment
  • Jurisdiction and Standard of Review
  • The Inevitable Motion to Dismiss, Injunctions and Discovery
  • Appellate Options

Brian S. Green (DL), Los Angeles, CA Rekha Sharma-Crawford, AILA Board of Governors/Federal Court Litigation Section Steering Committee, Kansas City, MO
Francisco “Frank” Symphorien-Saavedra, Orlando, FL
Leslie Dellon, Staff Attorney (Business Immigration), American Immigration Council, Washington, DC

Litigating in the New Age of Agency Deference 5:45 pm–6:45 pm ET

Litigating in the New Age of Agency Deference

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Overview

The U.S. Supreme Court’s 2019 decision in Kisor v. Wilkie sheds light on when agency decisions should receive deference, and could provide valuable arguments for combating bad USCIS, AAO, and BIA decisions that could affect clients. Panelists in this advanced session will address the potentially wide-reaching impact of the Kisor decision, and will discuss how to incorporate it into ongoing litigation.
Agenda and Speakers

  • What Tools Must a Judge Use Before Determining That a Statute or Regulation Is Ambiguous?
  • When Does an Agency Truly Have More Expertise Than a Judge?
  • What to Do When an Agency Abruptly Changes Its Interpretation of a Statute or Regulation
  • Preserving Deference Challenges Before the Agency for Federal Review
  • Hot Topics: Agency Trends That Are Subject to Challenge in Light of Kisor

Megan Brewer (DL), Los Angeles, CA
Jennifer L. Koh, Irvine, CA
Robert Pauw, AILA Author, Litigating Immigration Cases in Federal Court, 4th Ed., Seattle, WA
Jonathan Wasden, Burke, VA

Other Trainings & Events

Yoga and Mindfulness Meditation 8:30 AM–9:30 AM ET

Q&A: Advanced Business 11:30 AM–12:30 PM ET

Demo: Cerenade 12:35 PM–12:50 PM ET

Q&A: H Visas, L Visas, and the Presidential Proclamations Temporarily Suspending Entry 1:15 PM–2:15 PM ET

Demo: INSZoom Session 2:20 PM–2:35 PM ET

Q&A: Fundamentals Business 2:45 PM–3:45 PM ET

Q&A: Discussion with AILA Authors 4:15 PM–5:15 PM ET

National Immigration Project Virtual Reception 7:00 PM–8:00 PM ET

AHA Cocktail Reception & Virtual Red Carpet 7:00 PM–8:00 PM ET

The Council's American Heritage Awards (AHA) 8:00 PM–9:00 PM ET

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