The National Immigration Project of the National Lawyers Guild
presents a CLE seminar on
Immigration Law and Defense: Relief and Impact of REAL ID
WEDNESDAY
5TH AVENUE SUITES HOTEL
506 S.W. Washington
Portland, OR 97204
REGISTRATION
I. Intake Model
·
Issue spotting and interviewing skills·
Evaluating notices to appear·
Basic evidentiary issues·
Burden of proof
II.
Overview of Relief·
Essential elements·
Burden of proof·
Ethical issues
III.
Selected Relief·
Waivers including 212(c), 212(h), 212(i), and237(a)(1)(H) for fraud
·
LPR cancellation
MORNING SESSION: TRACK TWO (INTERMEDIATE/ADVANCED) - ADVANCED RELIEF PART I
I. Fraud Issues
·
Challenging deportability·
Fraud waivers and impact of REAL ID
II. Reinstatement
·
Permission to reapply·
Release from custody·
Judicial review and REAL ID issues
III. Issues for Arriving Noncitizens
·
Challenging “arrival alien” designation·
Returning residents and Fleuti·
Release from custody·
Relief
JOINT AFTERNOON SESSION: BOTH TRACKS TOGETHER - RELIEF PART II
IV. Overcoming Impact of REAL ID on Relief
·Sustaining burden
·
Credibility·
Judicial review
V. 212(c) and LPR Cancellation of Removal
·
212(c)/St. Cyr issues·
Cancellation of removal for LPRs·
Relationship between adjustment of status and cancellation·
Comparable grounds
VI. Evidence
·
Admissibility·
Suppression·
Objections
VII. Post conviction relief
·
Obtaining relief in criminal court·
Arguing validity of relief in immigration court
AHILAN ARULANANTHAM is a Staff Attorney at the ACLU of Southern California where he specializes in immigration and terrorism-related litigation. Previously, he worked for the Federal Public Defender in El Paso and before that for the ACLU Immigrants' Rights Project in New York.
LISA BRODYAGA is Staff Attorney for Refugio del Rio Grande in San Benito, Texas, and a long-time practitioner and litigant for immigrants’ rights. She is a member of the National Immigration Project.
Ofelia L. Calderón is a founding partner of Calderón & Derwin in Arlington, VA, and specializes in detention and removal cases. She is a member of the National Immigration Project and of the American Immigration Lawyers Association, serves as the DC chapter chair of the liaison committee to the Executive Office for Immigration Review in Arlington, and is on the DC chapter congressional committee. Ms. Calderón received her law degree from the University of San Francisco School of Law.
BARBARA HINES has practiced immigration law since 1975 and is Board Certified in Immigration and Nationality Law in Texas. She is Clinical Professor at the University of Texas School of Law and directs the immigration clinic. She is the Chair of the Board of Directors of the National Immigration Project.
Iliana Holguin is a 2000 graduate of the University of Texas School of Law and practices immigration and nationality law exclusively. She is a member of the American Immigration Lawyers Association, the National Immigration Project of the National Lawyers Guild, and the Pro Bono College of the State Bar of Texas. Mrs. Holguin also serves on the State Bar of Texas Committee on Laws Relating to Immigration and Nationality and is the president of the Board of Directors for Teens In Action for A Healthy Community. She was previously a member of the Ethics Review Commission for the City of El Paso and also previously served three terms as the President of the Board of Directors of the Political Asylum Project of Austin (PAPA).
PHILIP HORNIK is an attorney in private practice in Portland, Oregon. His practice has emphasized immigration law since 1977, when he became the first staff attorney for the Willamette Valley Immigration Project. Since 1980, he has had a solo law practice handling all aspects of immigration law. He has been the update editor of the National Immigration Project publication Immigration Law and Defense since 1991. Earlier this year, he, along with co-counsel Karen Musalo, argued the case of Abebe v. Gonzalez before the en banc Ninth Circuit Court of Appeals. A decision in the case is pending.
MARY KENNEY (invited) is a Senior Staff Attorney at the American Immigration Law Foundation.
PATRICIA G. MEJIA CERVANTES is in private practice in Tucson, Arizona, where she specializes in removal and deportation defense. Ms. Mejia assists in teaching immigration law at the University of Arizona School of Law and was previously a fellow at the Florence Immigrant and Refugee Rights Project, where she designed and taught pro se representation courses to immigration detainees in the Eloy Detention Center. Ms. Mejia is a member of the National Immigration Project and a graduate of Boston College School of Law.
Paromita Shah is the associate director of the National Immigration Project of the National Lawyers Guild. Previously, she was the detention project director of Capital Area Immigrants’ Rights (CAIR) Coalition in Washington, D.C. In addition to providing legal services to individuals, Ms. Shah mentored and trained attorneys for direct representation, assessed and analyzed claims for relief requested by detainees, and coordinated local advocacy efforts in the Washington, D.C./Virginia area. She also worked at Greater Boston Legal Services in Boston, MA from 1998-2002.
REBECCA SHARPLESS is a supervising attorney with the Immigration Unit of the Florida Immigrant Advocacy Center (FIAC) in Miami. Prior to working at FIAC, she was Director of the Immigration Project of the Northwest Communities Education Center in Granger, Washington, as a Kaufman Fellow from Harvard Law School. She is a long-time member of the National Immigration Project and a member of its Board of Directors.
ILYCE SHUGALL is an associate attorney with the firm Van Der Hout, Brigagliano & Nightingale in San Francisco, where she specializes in deportation defense cases. Prior to joining the firm in October 2001, she worked as a National Association for Public Interest Law Fellow at ProBAR in Harlingen, Texas. Ms. Shugall is a member of the National Immigration Project.
Stacy Tolchin is an Associate at Van Der Hout, Brigagliano & Nightingale in San Francisco. She primarily researches and writes briefs before the Executive Office of Immigration Review and federal courts. She is a member of the National Immigration Project, AILA, and is a Board Member of the National Lawyers Guild for the San Francisco Bay Area and the International Institute of San Francisco.
NORTON TOOBY of Oakland, California, is a National Immigration Project member and an attorney specializing in immigration consequences of crimes and post-conviction relief for immigrants. He maintains www.CriminalAndImmigrationLaw.com and publishes practice manuals for immigration and criminal lawyers such as Criminal Defense of Immigrants (3d ed. 2003), Crimes of Moral Turpitude (2d ed. 2005), Aggravated Felonies (2d ed. 2003), and Post-Conviction Relief for Immigrants (2004).
MARC VAN DER HOUT is the founding partner of Van Der Hout, Brigagliano & Nightingale in San Francisco and certified as a specialist in Immigration and Nationality Law by the State Bar of California. He is a member of AILA’s Board of Governors and a past Chair and current board member of the National Immigration Project. He is a past national President of the NLG and has twice received the AILA Jack Wasserman award as the Outstanding Litigator of the Year.
Cecillia Wang is a senior staff counsel with the ACLU Immigrants' Rights Project. Her practice includes issues at the intersection of criminal law and immigration. From 1998 to 2002, Cecillia was a staff attorney with the Federal Defender Division of the Legal Aid Society in New York, representing clients in criminal cases in the U.S. District Court for the Southern District of New York. She has also worked at the San Francisco law firm of Keker & Van Nest, where her practice focused on white collar criminal defense. She has served on the Criminal Justice Act indigent defense panel for the U.S. District Court for the Northern District of California. Cecillia is a 1995 graduate of Yale Law School, where she was an Articles Editor for The Yale Law Journal. After law school, she served as a law clerk to Judge William Norris of the U.S. Court of Appeals for the Ninth Circuit and to Justice Harry Blackmun of the Supreme Court of the United States.
JACQUELINE WATSON is a proud El Paso native and undergraduate alum of the University of Texas at El Paso. She is a graduate of the University of Texas School of Law and has practiced immigration law since 1999. From 1999 to 2003, Jacqueline was an attorney with the Political Asylum Project of Austin (PAPA), a non-profit organization representing immigrants and asylum seekers in Central Texas. In 2003, she joined Texas Lawyers Care, a department of the State Bar of Texas, where she provided support services to pro bono attorneys and legal aid programs. Jacqueline returned to the full-time practice of immigration law in April 2004, when she joined Hines & Leigh, P.C. in Austin. Jacqueline has been a frequent speaker on immigration law topics and has authored articles for the Texas Bar Journal, LegalFront, and the Texas Council on Family Violence.
Beth Werlin is the Litigation Clearinghouse Attorney at the American Immigration Law Foundation's Legal Action Center. The Litigation Clearinghouse serves as a national point of contact for lawyers conducting or contemplating immigration litigation. Ms. Werlin joined AILF’s Legal Action Center as a NAPIL Fellow in 2001 and was a staff attorney from 2003 until 2005. She has represented plaintiffs and amicus curiae in immigration litigation in the federal courts and before the Board of Immigration Appeals. Before coming to AILF, she was a judicial law clerk at the immigration court in Boston, Massachusetts.
The National Immigration Project of the National
Lawyers Guild certifies that this program has been approved for MCLE credit (6.25 60-minute hours) by the
Oregon State Bar. All proceeds of the seminar support the work
of the National Immigration Project of the National Lawyers Guild, a network of
lawyers and legal community workers engaged in immigration law and practice.
The Project works to diminish discrimination against the foreign born and to
preserve, defend and extend the rights of all immigrants in the