March Mandamus

March Mandamus

March 6th through March 27th

Every Wednesday in March 2024

1:00 PM to 2:45 PM ET / 10:00 AM to 11:45 AM PT

Zoom Meeting

Join us for March Mandamus where you’ll get the knowledge you need to be the delay litigation MVP in federal district court! 

As noncitizens continue to face unreasonable adjudication delays by USCIS, immigrant defenders should consider whether challenging the delay in federal court will protect the client’s interests. During this 4-day training program we will explore delay litigation under the Mandamus Act and the Administrative Procedure Act using a sample case file. The training will include:

• Lectures on the law, strategy, and procedures;
• Large group discussions assessing our case file, the perils of delay litigation, drafting the complaint, and responding to the government’s motion to dismiss;
• A demonstration on negotiating with the Assistant U.S. Attorney (AUSA); and 
• An optional mock hearing during which participants will defend against the government’s motion to dismiss.

Faculty Include:

Amber Qureshi, Dustin Saldarriaga, Leslie Dellon, Margaret Stock, Rekha Sharma-Crawford, Simon Sandoval-Moshenberg, and Zachary Nightingale. 

     1.  Day 1: Delay Litigation Fundamentals and Case File Review (105               Minutes - 1.75 CLE Credits)

          Date/Time: Wednesday, March 6, 2024, 1:00 PM to 2:45 PM ET / 10:00 AM                  to 11:45 AM PT 

Description: Learn how to use the Mandamus Act and the Administrative Procedure Act (APA) to compel the government to adjudicate overdue applications and petitions, discuss what types of immigration cases are ideal candidates for delay litigation, and start applying the law to our case file.

          Agenda:

• Welcome and agenda 
• Law Lecture: Mandamus Act and Administrative Procedure Act
• Strategy Lecture: What types of immigration cases are ideal for delay litigation actions and what to consider before filing a complaint?
• Large Group Discussion: Review of the case file and assessing the case

     2.  Day 2: Building the Complaint (105 Minutes - 1.75 CLE Credits)

          Date/Time: Wednesday, March 13, 2024, 1:00 PM to 2:45 PM ET / 10:00 AM                to 11:45 AM PT 

Description: Crafting a complete and compelling complaint is an essential aspect of federal court practice. This webinar will cover the components of the mandamus complaint. First, participants will review and discuss a sample complaint. Then, participants will build the mandamus complaint for our case file. Finally, participants will discuss the takeaways from both sessions and best practices for formulating the complaint.

          Agenda:

• Practice Lecture: Review of a sample mandamus complaint
• Group Discussion: Building the complaint
• Group Discussion: Best practices and takeaways

     3.  Day 3: Filing, Serving, and Negotiating with Government Counsel             (105 Minutes - 1.75 CLE Credits)

          Date/Time: Wednesday, March 20, 2024, 1:00 PM to 2:45 PM ET / 10:00 AM                to 11:45 AM PT 

Description: Before a federal district court can consider the complaint, litigants must properly file the complaint and serve on the government. During this webinar faculty will discuss the nuts and bolts of initiating an action and what to consider during these processes. Faculty will also discuss what to expect after filing and serving the complaint. Faculty will also conduct a role play demonstration on negotiating with opposing government counsel.

          Agenda:

• Practice Lecture: Filing and serving the complaint
• Practice Lecture: The complaint is filed, service is perfected, what’s next?
• Demonstration: Faculty Role Play on Negotiating with the AUSA

      4.  Day 4: Basics of Motions Practice (105 Minutes - 1.75 CLE Credits)

          Date/Time: Wednesday, March 27, 2024, 1:00 PM to 2:45 PM ET / 10:00 AM                to 11:45 AM PT 

Description: After a mandamus complaint is properly filed and served,  the government may file a motion to dismiss; either party may also file for summary judgment. The faculty will cover the legal standards, burdens of proof, and practical considerations for motions to dismiss and motions for summary judgment. Then, we will outline a response to a government motion to dismiss followed by a large group debrief on the process of responding to a motion to dismiss.

          Agenda:

• Law Lecture: Motions practice
• Group Discussion: Responding to the motion to dismiss

     5.  Day 5: Optional Add-On: Practicing Your Oral Advocacy Skills:                  Mock Hearing (60 Minutes - 1.00 CLE Credit)

          Date/Time: Wednesday, March 27, 2024, 4:00 PM to 5:00 PM ET / 1:00 PM                  to 2:00 AM PT 

Description: In delay litigation, the federal district court may schedule a hearing on the government’s motion to dismiss with the goal of assessing if dismissal is proper or if the case may proceed. In small groups, participants will engage in a mock hearing during which they will defend against dismissal of the case. Participants will receive critiques specific to their performance from the faculty members serving as the judge and the AUSA, respectively. Participants will learn not just from the critique they receive, but also from their colleagues’ performances and the critique they receive from faculty. NIPNLG will seek 1 CLE credit for this optional add-on session. Register here for $50.

CLE Credits

The Washington State Bar Association and the State Bar of Texas have granted 7 CLE credits (1.75 credit hours for each 105 minute session) for this training comprising 4 sessions. NIPNLG will offer a Uniform Certificate of Attendance, which allows participants to seek CLE credit with the state where they are licensed to practice law. Please note, you will only receive CLE credit for the sessions you attend live. If you have questions, please reach out to the events team at events@nipnlg.org.