2024 Spring Virtual CLE Seminar: Defending Recently Arrived Noncitizens & Noncitizens in ICE Custody

                              2024 Spring Virtual CLE Seminar:                                                   Defending Recently Arrived Noncitizens                     and Noncitizens in ICE Custody

Wednesday, April 3, 2024: 11:00 AM - 5:00 PM (ET)/ 8:00 AM - 2:00 PM (PT)

Thursday, April 4, 2024: 12:00 PM - 5:00 PM (ET)/ 9:00 AM - 2:00 PM (PT)

This program will be presented over Zoom Webinar.

(585 Minutes of Instruction - 9.75 CLE Credits based on the 60 minute credit hour)

 – AGENDA –

WednESDAY, April 3, 2024

11:00am - 11:05am ET: Welcome and Introductions

11:05am - 12:35pm ET: Session 1 - Biden’s Border Processing and the Impact on Case Strategy
(90 minutes of instruction/ 1.50 CLE Credits)

How a noncitizen was processed at the border is essential to the case strategy, especially if the noncitizen is potentially eligible to adjust status. Yet it is difficult to keep up with all the changes and all the various ways that noncitizens are being processed at the border. During this session, the speakers will demystify the border by discussing:

• The different ways noncitizens have been processed at the border by Biden’s DHS 

• Who is gaining access to the U.S. asylum system and who is not

• How to factually identify the process that may have been applied to a client who lacks records from their border encounterTips for obtaining border processing records

• Case strategies based on how the noncitizen was processed at the border

Faculty: 

Taylor Levy, Owner, Taylor Levy Law

Jennifer Babaie, Director of Advocacy and Legal Services, Las Americas Immigrant Advocacy Center

12:35pm - 12:45pm ET: Break 

12:45pm- 2:00pm ET:  Session 2 - Removal Proceedings Strategies for Noncitizens Potentially Eligible for Both Asylum and Temporary Protected Status

(75 minutes of instruction/ 1.25 CLE Credits)

The Biden administration has expanded Temporary Protected Status (TPS) to new countries while safeguarding TPS for citizens of countries who almost lost this important protection during the Trump administration. Nationals from many of the countries designated for TPS may also have asylum claims and may therefore have the option to pursue both humanitarian forms of relief. While access to more than one form of relief can be advantageous, TPS and asylum have distinct, but overlapping, grounds of ineligibility, which practitioners must analyze. Despite some substantive similarities, TPS and asylum differ procedurally. During this session, the speakers will discuss:

• How to seek Temporary Protected Status while in removal proceedings

• Pursuing asylum and opposing termination of removal proceedings where the noncitizen is eligible to apply for TPS

• The impact of dual citizenship on eligibility for asylum and TPS

• Navigating the firm resettlement bar in both asylum and TPS cases

• Traveling on TPS-based advance parole while an asylum application is before the immigration court

Faculty: 

Randy McGrorty, Executive Director of Catholic Legal Services (CLS), Archdiocese of Miami 

Michelle N. Méndez, Director of Legal Resources and Training, NIPNLG

2:00pm - 2:15pm ET: Break

2:15pm - 3:30pm ET: Session 3 - Navigating Credible Fear Interviews and Individual Hearings Subject to the Asylum Ban

(75 minutes of instruction/1.25 CLE Credits)

Under Biden’s “Asylum Ban” noncitizens who enter at the southern border between May 11, 2023 and May 11, 2025 without using the rule’s designated “lawful pathways” are presumed ineligible for asylum unless they can prove an exception to the rule or rebut the presumption against asylum eligibility. Those who successfully meet an exception or rebut the presumption of asylum ineligibility during their credible fear interview must nonetheless again address the Asylum Ban rule before the immigration judge at their merits hearing. During this session, the speakers will provide:

• An overview of Biden’s “Asylum Ban”

• A discussion of the substantive and procedural changes to removal proceedings brought by Biden’s “Asylum Ban” 

• Tips on successfully meeting an exception or rebutting the presumption of asylum ineligibility during credible fear interviews

• Strategies on how to address the Asylum Ban before the immigration judge, including the "family unity" provision of the regulation

• An update on the legal challenges to Biden’s “Asylum Ban”

Faculty: 

Briana Perez, Interim Assistant Director, RAICES

Victoria Neilson, Supervising Attorney, NIPNLG

3:30pm - 3:45pm ET: Break

3:45pm - 5:00pm ET: Session 4 - Hot Topics Impacting Recently Arrived Noncitizens

(75 minutes of instruction/1.25 CLE Credits)

In addition to facing an ever-changing situation at the border, recently arrived noncitizens must also grapple with an increasingly complex immigration system. During this session, the speakers will highlight key developments in the law that impact recently arrived noncitizens, including:

• In what circumstances a noncitizen might successfully argue they entered pursuant to parole despite lack of a DHS-issued parole document, particularly in light of Matter of Cabrera Hernandez

• Implications of a client’s parole on the Notice to Appear charges, access to employment authorization, and adjustment of status

• Key litigation impacting the rights of certain recently arrived asylum seekers, including Padilla v. ICE and J.O.P. v. DHS

Faculty: 

Claudia Canizares, Canizares Law Group, LLC

Rebecca Scholtz, Senior Staff Attorney, NIPNLG

5:00pm - 5:15pm ET: Closing and Announcements

ThursDAY, April 4, 2024

12:00pm - 12:05pm ET: Welcome and Introductions

12:05pm - 1:20pm ET: Session 1 -  Strategies for Winning Release From ICE Custody 

(75 minutes of instruction/1.25 CLE Credits)

The odds of a detained noncitizen prevailing in immigration court are significantly lower than the odds for a released noncitizen. To increase our clients’ chances of success, it is therefore imperative to effectively use all available tools for securing clients’ release from immigration detention. The speakers will discuss the following during this session: 

• An overview of strategies to secure clients’ release from ICE custody, including bond proceedings in immigration court, release requests to ICE, and habeas litigation

• In what circumstances to use which release strategies 

• Tips for effective release requests to ICE and in immigration court bond proceedings

Faculty: 

Hannah Cartwright, Executive Director & Attorney, Mariposa Legal

Annie Lai, Co-Director, Immigrant Rights Clinic, University of California, Irvine School of Law

1:20pm - 1:30pm ET: Break

1:30pm - 3:15pm ET: Session 2 - Using Habeas Petitions in Immigration Cases

(105 minutes of instruction/1.75 CLE Credits)

During the last session the speakers identified habeas as an important tool to winning release for detained clients. This session takes a deep dive into the fundamentals of immigration habeas corpus petitions. The speakers will address the common scenarios where habeas can be used including challenging post-removal order detention, mandatory detention during removal proceedings, and detention conditions, as well as some less common scenarios. The session will also cover:

• Potential claims and strategy in immigration habeas litigation, tailored to the statutory authority pursuant to which the client is detained 

• A survey on the state of the law in immigration habeas litigation including the impact of U.S. Supreme Court cases Jennings v. Rodriguez and Dep't of Homeland Sec. v. Thuraissigiam

Faculty: 

Aaron Korthuis, Impact Litigation Staff Attorney, Northwest Immigrant Rights Project (NWIRP)

Amber Qureshi, Staff Attorney, NIPNLG

Gracie Willis, Senior Lead Attorney, Southeast Immigrant Freedom Initiative, Southern Poverty Law Center

3:15pm - 3:30pm ET: Break

3:30pm - 5:00pm ET: Session 3 - Pro Tips for Litigating Immigration Habeas Actions

(90 minutes of instruction/1.50 CLE Credits)

Armed with an understanding of the potential claims, strategy, and law in immigration habeas litigation, it is time to address the practical aspects of filing and obtain an understanding of the procedural pitfalls. During this session, the speakers will discuss each step of bringing an immigration habeas action in federal court and provide tips for success. Specifically, the speakers will address:

• Exhaustion of remedies before filing 

• Filing and service

• Motions for Order to Show Cause, Temporary Restraining Order, and Preliminary Injunction

• Negotiating with the Assistant U.S. Attorney 

• Discovery 

• Evidentiary Challenges and Evidentiary Hearings

• Understanding the audience: Magistrate Judges v. District Judges

Faculty: 

Sarah T. Gillman, Director of Strategic U.S. Litigation, Robert F. Kennedy Human Rights

Matthew Vogel, Supervising Attorney, NIPNLG

5:00pm - 5:15pm ET: Closing and Announcements 

• CLE sponsored by

  The National Immigration Project

• CLE Credits

  The Washington State Bar, the State Bar of California, and the State Bar of Texas approved this two-day seminar for 9.75 CLE credits.

• Group Registration Discounts:  We offer a 10% discount for groups of 5 to 10 and 15% discount for groups of 11 or more. To take advantage of the group registration discount organizations must:

• -Submit a complete list* of registrants (Group Registration Form) to events@nipnlg.org. Link to Group Registration Form - HERE.
• -Pay a singular invoice for registration fee.
• -Payment can be made via ACH, Credit Card, or Check. 

• *Please note that group registration list adjustments are not possible after an invoice has been issued.