2023 Fall Virtual CLE Seminar: How to Win After a Loss in Immigration Court

2023 Fall Virtual CLE Seminar

How to Win After a Loss in Immigration Court:

Making Your Record for Successful Appeal

Thursday, September 21, 2023 - 11:00 AM - 5:00 PM (ET) / 8:00 AM - 2:00 PM (PT) 

Location: Zoom Webinar

(300 Minutes of Instruction – 5.0 Total CLE Credits)

- AGENDA -

Program Description

Losing before the immigration judge should not be the end of the road for your client. If you have prepared a strong documentary record, presented relevant testimony in a compelling manner, defended against the Department of Homeland Security’s efforts to discredit your client, and preserved arguments for appeal, your client will have the best odds of winning before the Board of Immigration Appeals or the U.S. court of appeals or obtaining a remand to the Immigration Judge. In other words, creating the best record before the Immigration Court is the best recipe for a successful appeal. This CLE will discuss how to create the best record before and during the individual hearing and how to use this complete record to your advantage on appeal. 

Thursday, September 21, 2023

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

11:05 AM - 12:20 PM ET: Session 1 – Pre-Hearing Steps to Creating A Strong Appeal Record 

1 hour and 15 minutes of instruction

A complete and compelling record starts before the Individual Hearing. The faculty will discuss pre-hearing briefs, pre-hearing conferences, pre-hearing stipulations, written objections, mental health evaluations and motions for accomodations, and motions for relay interpretation. The faculty will also discuss specific arguments to preserve for appeal. 

Faculty:

Laura Lunn, Director of Advocacy & Litigation, Rocky Mountain Immigrant Advocacy Network (RMIAN)

Victoria Neilson, Supervising Attorney, National Immigration Project (NIPNLG)

12:30 PM - 1:45 PM ET: Session 2 – Neutralize Unreliable and Harmful Department of Homeland Security Evidence

1 hour and 15 minutes of instruction

DHS often presents unreliable and harmful evidence against our clients. Challenging DHS's evidence is essential to making the best possible record. To challenge and nullify this evidence, it is important for practitioners to first understand respondents' evidentiary rights in immigration court. The faculty will start by providing an overview of these rights and then discuss how to challenge DHS's late-filed evidence, what DHS labels as impeachment evidence, and Immigration Judges taking administrative notice. The faculty will also discuss DHS evidence that includes fundamentally unfair hearsay and how to challenge this through motions to subpoena or depose. 

Faculty:

Ofelia Calderon, Founding Partner, Calderón Seguin PLC

Rebecca Scholtz, Senior Attorney, National Immigration Project (NIPNLG)

2:15 PM - 3:30 PM:  Session 3 – Making and Defending Your Record During the Hearing

1 hour and 15 minutes of instruction

During the Individual Hearing, it is important to make and defend your record, but how can practitioners accomplish this goal? The faculty will discuss various strategies including objections, considerations for presenting testimony or accepting a DHS stipulation, proving prejudice through offers of proof, capturing non-oral body language on the record, interpretation issues, and when to present a written closing. The faculty will also provide tips on protecting the client's credibility during the Individual Hearing and keeping the record open to avoid a removal order in cases where relief is pending before the U.S. Citizenship and Immigration Services. 

Faculty:

Dana Leigh Marks, Retired Immigration Judge

Michelle N. Mendez, Director of Legal Resources and Training, National Immigration Project (NIPNLG)

3:45 PM - 5:00 PM ET: Session 4 – Keeping Your Case Alive After the IJ Decision 

1 hour and 15 minutes of instruction

Winning after a loss in immigration court requires keeping the case alive through appeal. The faculty will offer tips for the notice of appeal and the appeal brief, cover strategy on motions to remand and motions to consider, and discuss seeking prosecutorial discretion after an Immigration Judge denial. The faculty will also discuss strategy before the U.S. court of appeals. 

Faculty:

Sui Chung, Attorney at Law, Immigration Law & Litigation Group

Ben Winograd, Attorney at Law, Immigrant & Refugee Appellate Center, LLC

CLE Credits

The State Bar of Texas, the State Bar of California, and the Washington State Bar have approved this course for 5.0 CLE credits, and the Florida Bar has approved this course for 6.0 CLE credits with certification credits in Immigration and Nationality Law and Appellate Practice. 

Uniform Certificates of Attendance will be available for attorneys to request CLE credits in other states. NIPNLG is also prepared to provide proof of registration/attendance upon request.

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 fees

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.