2020 AILA Virtual Immigration Court Conference

August 20, 2020

Welcome to the 2020 AILA Virtual Immigration Court Conference:

A Practical Skills Training

AILA, the Conference Program Committee, and all the speakers are pleased to present this exciting live virtual CLE program.

All sessions will be recorded and available to participants after the conference. All times listed below are Eastern Time.

Enter Sessions

1 2 3

Agenda Thursday, August 20, 2020

Note: All sessions and events are subject to change without notice.

9:55am-10:00am ET Welcome and Introductory Remarks

Welcome and Introductory Remarks

by Michael S. Vastine, Conference Program Chair, Miami Gardens, FL.

10:00am-11:00am ET Client Intake: Developing Your Legal Strategy

Client Intake: Developing Your Legal Strategy

Zealous representation in removal proceedings requires that attorneys study the facts of each case carefully to determine the best legal strategy for defending clients. During an initial consultation, practitioners must build client rapport and gather relevant information. They also must identify areas of weakness in the case and plan for the possible outcomes of DHS background investigations.

Panelists will address how to gain client trust, identify and document potential forms of relief from removal, and determine client and attorney responsibilities to further the ultimate goals of the representation. Panelists also will advise on defining expectations from the outset and creating a litigation roadmap to help guide both you and the client through the various steps of the case.

Creating an Effective Immigration Intake Process, Litigation Checklist, and Calendars
Comprehensive Freedom of Information Act (FOIA) Requests and Background Checks
Assessing Case Viability and Available Relief: When Present, When Not
Honing Skills Necessary to Build Client Rapport, Obtain and Gather Relevant Information
Case Analysis and Opening Memorandum

Faculty:
Edward W. Neufville III (Discussion Leader (DL)), Conference Program Committee, Silver Spring, MD
Kristin Ann Knudson, Lakewood, CO
Jonathan S. Greene, San Diego, CA
Nita Kundanmal, Hackensack, NJ

11:00am-11:30am ET Virtual Coffee Break

11:30am-1:00pm ET Immigration Court 101

Immigration Court 101

Part 1: Discussion

Through an interactive program mixing substantive teaching with courtroom scenarios, the panelists will provide an overview of the procedures and hearings involved in a removal proceeding.

Sources of Authority: Statutory, Regulatory, Sub-Regulatory
Types of Hearings and Overview of the Proceeding
Understanding the Charging Document
Burdens of Proof in Immigration Proceedings
Pleadings to the Notice to Appear (NTA)
Continuances for Preparation or to Pursue Collateral Relief

Part 2: Mock Initial Master Calendar Hearings

Panelists will explain how to prepare for and appear at the initial master calendar hearing. They also will help you visualize the process so that you feel more comfortable once you enter the courtroom.

Requesting a Continuance
Requesting a Merits Hearing for a Relief Application

Faculty:
Susan Girardo Roy (DL), Conference Program Committee, Princeton Junction, NJ
Jeremy L. McKinney, AILA 1st Vice President, Greensboro, NC
W. Michael Sharma-Crawford, Kansas City, MO
Valerie A. Zukin, San Francisco, CA

1:00pm-1:30pm ET Virtual Coffee Break

1:30pm-3:00pm ET Best Practices for Individual Hearings: Case Building and Presentation

Best Practices for Individual Hearings: Case Building and Presentation

Part 1: Discussion

For clients who are found removable, the focus shifts to determining whether there are any forms of relief for which they are eligible. The speakers will discuss how to build a case for relief from removal from start to finish, with a focus on the practical and strategic considerations that are critical to successful litigation.

Rules and Deadlines: The Immigration Court Practice Manual, Standing Orders, and Filing Deadlines
Timing, Planning, and Credibility: Working with Your Client to Develop, Document, and Present the Claim
Evidence, Discovery, and Resources: What Evidence and Resources Are Out There and How Do You Identify, Obtain, and Work with Them?
The Written Word: Written Versus Oral Motions, Prehearing Statements and Briefs, Written Closings

Part 2: Mock Individual Hearings

These mock individual hearings will portray issues involved in presenting evidence and testimony in support of two forms of relief from removal, but with some twists. Panelists will give you a preview of what to expect when litigating before the immigration court based on real-life experiences. They also will provide expert commentary about the scenarios presented.

Mock Individual Hearing for Asylum
Mock Individual Hearing for Lawful Permanent Resident Cancellation of Removal

Faculty:
Ava Benach (DL), Washington, DC
Ruben Luis Reyes, AILA Board of Governors, Phoenix, AZ
Denise Slavin, Former Immigration Judge, St. Augustine, FL
Ilana Etkin Greenstein, Conference Program Committee, Senior Technical Assistance Attorney, Immigration Justice Campaign, Brookline, MA

3:00pm-3:30pm ET Virtual Coffee Break

3:30pm-4:30pm ET Release From Custody: The Bond Hearing, Law, and Facts

Release From Custody: The Bond Hearing, Law, and Facts

Getting your client out of custody makes all the difference in defending them. If you win bond, you gain unlimited access to your client to prepare to defend them. In addition, the family is reunited and the court process is slowed down, frequently opening doors to more opportunities for relief.

Panelists will provide practitioners new to immigration litigation with a practical roadmap for dealing with the detained client, contesting mandatory detention, and then building and arguing the merits of case for bond, including the use of witnesses, criminal records, contesting government records and arrest reports, and more.

Finding Your Client in ICE Detention Facilities, Determining Eligibility for Bond and/or Release from Custody, Requesting a Bond Hearing
What Is a Joseph Hearing?
Making the Case That Your Client Is No/Low Flight Risk or Danger to the Community, Alternatives to Custody
Posting Bond with ICE, Motions for Change of Venue
Changed Circumstances, Addressing Criminal Conduct, DHS’s Appeal Rights

Faculty:
Javier N. Maldonado (DL), Conference Program Committee, San Antonio, TX
Aaron Hall, AILA ICE Liaison Committee Vice Chair, Denver, CO
Raquiba Huq, Edison, NJ
Minda A. Thorward, Seattle, WA

4:30pm-4:35pm ET Virtual Coffee Break

4:35pm-4:50pm ET AILA Advocacy and Practice Resources Update

AILA Advocacy and Practice Resources Update

Laura Lynch, AILA Senior Policy Counsel, Washington, DC

4:50pm-5:00pm ET Virtual Coffee Break

5:00pm-6:00pm ET The Effective and Assertive Removal Practice

The Effective and Assertive Removal Practice: How a Comprehensive Defense Leads to Ethical Excellence

Our panel of experts will discuss best practices for defense counsel in recurring scenarios with ethical and constitutional dimensions. Emphasis will be placed on the advocate’s duty to zealously and courageously defend all clients even those with flaws via a thoroughly considered, well-planned, multi-pronged strategy.

Ethically Navigating Criminal Charges and Mitigating Problematic Convictions
Effectively Assuming the Role of Successor Counsel During or After Proceedings: Ethics and Best Practices
Zealous Assertion of Available Defenses Including Utilizing Government Witnesses and Evidence to Contest Client Misconduct or Fraud
Ethically and Effectively Managing Family Disharmony and Divorce
Confronting Problematic Conduct of Prosecutors and Judges

Faculty:
Cheryl David (DL), AILA Removal Defense Section Steering Committee Chair, New York, NY
Kelli Jo Stump, AILA Treasurer, Oklahoma City, OK
Charles Honeyman, Philadelphia, PA
Lisa J. Kasdan, Hackensack, NJ

6:00pm-6:30pm ET Virtual Networking with Faculty

Virtual Networking with Faculty

Visit the Networking page

(see the Networking page for details and the Zoom Meeting link)

Thank You to All the Volunteers Who Make the Virtual Immigration Court Conference Possible!

Conference Program Committee
Michael S. Vastine, Conference Program Chair, Miami Gardens, FL
Devin T. Theriot-Orr, Conference Program Vice Chair, Kent, WA
Evangeline Abriel, Santa Clara, CA
Javier N. Maldonado, San Antonio, TX
Edward W. Neufville III, Silver Spring, MD
Susan Girardo Roy, Princeton Junction, NJ
Ilana Etkin Greenstein, Senior Technical Assistance Attorney, Immigration Justice Campaign, Brookline, MA

JJ Area, AILA Education Programs Manager, Washington, DC

This program is presented as part of AILA’s Fearless Lawyering series, which empowers the removal defense bar with the latest tactics, tools, and strategies.

AILA Virtual Meeting Code of Conduct

AILA is committed to providing a professional and productive learning environment for all participants and staff. As a result, all participants are expected to follow all stated meeting and event instructions and guidelines in order to maintain an atmosphere of professionalism, mutual respect, and collegiality. AILA members in particular are expected to adhere to the principles set forth in AILA’s civility code. The guidelines herein apply to all AILA virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses and roundtables.

All participants must comply with the following guidelines to participate in the virtual meeting and events:

– All participants are expected to maintain a professional and civil discourse throughout AILA’s virtual meeting and event space. Participants are prohibited from using any defamatory, abusive, profane, discriminatory, harassing, threatening, and/or offensive language during the sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.

– All participants must comply with the instructions of the moderators and/or any virtual event staff.

– Disruption of sessions, events or any activity that takes place in the virtual space is prohibited.

– Presentations, postings, and messages should not contain promotional materials, special offers, job offers, product announcements, or solicitation for services unless preapproved by AILA. AILA reserves the right to remove any such communications that have not been preapproved.

– Participants may not record, transmit, copy, or take screen shots of any sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.

– Participants who do not comply or are in violation of any of AILA’s virtual meeting guidelines may be denied further access and participation at the discretion of event organizers. AILA is not responsible for reimbursement or refund if you are denied access or participation due to violation of AILA’s Virtual Meeting Code of Conduct.

Participants can contact conferences@aila.org with any questions or concerns related to AILA’s Virtual Meeting Code of Conduct.

American Immigration Lawyers Association

1331 G Street NW, Suite 300
Washington, DC 20005
elearning@aila.org

The speaker’s/author’s views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker’s/author’s experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

AILA University is not an accredited postsecondary education institution. AILA University is the online platform used by AILA, a national bar association and not-for-profit organization, to provide video learning and professional development resources to its members. AILA University resources are intended to enhance the professional development and advancement of members and do not confer degree credit nor award a degree, diploma, or certificate (except for a certificate of completion).