2021 Annual Pre-AILA Crimes & Immigration Seminar

2021 Annual Pre-AILA Crimes & Immigration Seminar

Thursday, June 3, 2021 - 12:00 PM - 5:00 PM (EDT)

Friday, June 4, 2021 - 12:00 AM - 5:00 PM (EDT)

This program will be presented over Zoom Webinar.

 – AGENDA –

Thursday, June 3, 2021

12:00 pm - 12:15pm: Welcome

12:15 pm - 1:45pm: Basics of the Categorical Approach
(90 minutes of instruction/1.50 CLE Credits)

This session will cover how advocates can make the most of the categorical approach methodology in their defense of immigrants with convictions. We will cover the relevant Supreme Court cases and key features of the categorical and modified categorical approaches.

Speakers:

• Khaled Alrabe, Staff Attorney, NIPNLG
• Matthew Vogel, Senior Staff Attorney, NIPNLG

1:45pm - 2:15pm: Break 

2:15pm- 5:00pm:  Winning Effective Post- Conviction Relief for Immigrants 
( 150 minutes of instruction in two parts/2.50 CLE Credits)

These two sessions will address the various legal, factual, and procedural issues involved in securing post-conviction relief (PCR) for noncitizens that is effective for immigration adjudicators. We will cover the governing legal standards concerning PCR in immigration proceedings as well as recent developments and related issues. In light of these legal standards and requirements, the session will provide a framework for understanding, planning, and obtaining PCR that will be effective in immigration proceedings. We will also address potential challenges to these legal standards as well as ways to push back against efforts to restrict the effectiveness of PCR in immigration proceedings.

2:15pm- 3:30pm: Part 1- Effective Post-Conviction Orders to Vacate 

( 75 minutes of instruction in part one/1.25 CLE Credits)

This session will cover the legal standards governing whether PCR orders are effective in the immigration context, including Pickering and Thomas & Thompson.

Speakers: 

• Norton Tooby, Law Offices of Norton Tooby
• Matthew Vogel, Senior Staff Attorney, NIPNLG

3:30pm - 3:45pm: Break

3:45pm - 5:00pm: Part 2- Winning Post-Conviction Relief 

( 75 minutes of instruction in part two/1.25 CLE Credits)

This session will present a conceptual and procedural framework for obtaining PCR relief that is effective in immigration proceedings.

Speakers: 

• Norton Tooby, Law Offices of Norton Tooby
• Matthew Vogel, Senior Staff Attorney, NIPNLG

Friday, June 4, 2021

12:00 pm - 12:15pm: Welcome

12:15 pm - 1:45pm: Pereida v. Wilkinson and Its Implications 
(75 minutes of instruction/1.25 CLE Credits)

This session will address the U.S. Supreme Court’s recent Pereida decision. We will examine the case, the decision, and their ramifications for burden of proof in immigration proceedings and the modified categorical approach, as well as situate the decision in the context of Supreme Court litigation and legislative advocacy.

Speakers: 

• Fatma Marouf, Professor of Law, Texas A&M University School of Law
• Nancy Morawetz, Professor of Clinical Law, New York University School of Law
• Kathy Brady, Senior Staff Attorney, Immigrant Legal Resource Center (ILRC) 

1:30pm - 2:00pm: Break

2:00 pm - 3:15pm: Crimes of Violence After United States v. Borden 
(75 minutes of instruction/1.25 CLE Credits)

This session will examine the Supreme Court’s Borden decision and situate it in the context of crime of violence (COV) law post-Dimaya. After surveying the state of COV law in the circuits and at the BIA post-Dimaya, we will discuss the Borden case, the Court’s decision, and their implications for litigating COVs in immigration proceedings. We will also explore the realistic probability requirement in the COV context.

Speakers:

• Khaled Alrabe, Staff Attorney, NIPNLG
• Adina Appelbaum, Program Director, Immigration Impact Lab, Capital Area Immigrants's Rights (CAIR) Coalition

3:15pm - 3:45pm: Break

3:45 pm - 5:00pm: Immigration Implications of Diversion Programs 
(75 minutes of instruction/1.25 CLE Credits)

With more and more jurisdictions employing a wide variety of diversion programs, it is necessary to better understand how such programs interact with immigration law. This session will examine various kinds of diversion programs and their immigration consequences and will develop ways to craft diversion agreements that reduce or avoid immigration consequences.

Speakers: 

• Jonathan Moore, Immigration Resource Specialist, Immigration Project, Washington Defender Association 
• Anita Gupta, Staff Attorney, Immigrant Legal Resource Center
• Norton Tooby, Law Offices of Norton Tooby
• Matthew Vogel, Senior Staff Attorney, NIPNLG

CLE Credits

7.75 Continuing Legal Education (CLE) credit hours have been approved by the Washington State Bar. 

7.75 CLE credit hours are pending with the Virginia State Bar, the State Bar of California, the State Bar of Texas.

Registration Fees

• Nonprofit/Legal Worker - $150 (one day), $225 (two days)
• Current Members of NIP-NLG, NLG, or Minority Bar Associations - $225 (one day), $350 (two days) 
• Private Attorneys - $275 (one day), $425 (two days)
• Group registrations - please email events@nipnlg.org for more information
• Tuition assistance is available based on financial hardship. Send an email to events@nipnlg.org with the reason you are requesting financial aid and proof of income.
• Cancellation & Refund Policy: Registrants must cancel by midnight on 6/2. All cancellations will incur a 5% cancellation fee. If the registrant does not cancel by 6/2, no refunds will be issued. 
• Video of the presentation will be made available on request. However, CLE credit is only available for registrants who watch the live webinar. 
   

CLE sponsored by

The National Immigration Project of the National Lawyers Guild
 

Questions

Please send inquiries about the CLE to events@nipnlg.org