NIPNLG’s Removal Defense Course

NIPNLG’s Removal Defense Course 

June 20th through July 29th

Tuesdays and Thursdays 

10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Join us for this 12-part webinar series on removal defense advocacy!

1. Anatomy of a Removal Proceeding

Date: Tuesday, June 21, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Michelle Mendez and Vickie Neilson

 

Description: To start, the presenters will introduce the 12-week course. Following this introduction, the presenters will provide an overview of removal proceedings that explains the process, players, procedures, and sources of authority. The presenters will also discuss the rights of noncitizens in removal proceedings and what “discovery” entails in this executive branch tribunal.

 

     2.  Notices to Appear and Pleadings

Date: Thursday, June 23, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Ann Garcia and Rebecca Scholtz

 

Description: The presenters will cover the important roles of Notices to Appear (NTA) and pleadings in removal proceedings. Specifically, the presenters will discuss how the Department of Homeland Security (DHS) initiates removal proceedings, inadmissibility and deportability grounds, rules that apply to the DHS service of the NTA, substantive NTA requirements, case flow processing, pleadings, the burden of proof in different removal proceeding contexts, and considerations for contesting the charges in the NTA, including through suppression and citizenship claims.

  

     3.  Detention and Bond

Date: Tuesday, June 28, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Ann Garcia and Rebecca Scholtz

 

Description: Your new client is detained and wants to be released from custody as soon as possible. How can you determine if your client is eligible for release on bond or parole? The speakers will explain the statutory authority under which the government detains noncitizens and bond and parole as options for noncitizens to obtain release from Immigration and Customs Enforcement (ICE) custody. The presenters will also discuss how to locate detained clients, strategies for working with detained clients, and the impact of ICE transfers from one detention center to another.

  

      4.  Immigration Relief in Removal Proceedings: Defensive Asylum/Withholding of Removal/Convention Against Torture (CAT) Protection

Date: Thursday, June 30, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Ann Garcia and Vickie Neilson

 

Description: The presenters will discuss asylum, withholding of removal, and protection under the Convention Against Torture (CAT) including the legal standards for each, recent changes in policy and practice, and bars to asylum and withholding of removal. The presenters will also discuss how asylum seekers are placed in removal proceedings.

  

      5.  Immigration Relief in Removal Proceedings: Cancellation of Removal

Date: Tuesday, July 5, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Michelle Mendez and Rebecca Scholtz

 

Description: Cancellation of removal is an immigration court remedy that leads to a grant of lawful permanent resident (LPR) status or retention of LPR status. The presenters will review eligibility for non-LPR cancellation of removal, VAWA Cancellation of Removal, and LPR cancellation of removal and discuss evidentiary issues and strategic decisions for each.

  

       6.  Pursuing Relief with USCIS & Prosecutorial Discretion

Date: Thursday, July 7, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Michelle Mendez and Rebecca Scholtz

 

Description: The presenters will discuss the current prosecutorial discretion guidance and the types of PD that one can seek. Noncitizens may benefit from prosecutorial discretion during removal proceedings for many reasons, including when they are pursuing relief before USCIS . The presenters will also cover what to include in prosecutorial discretion requests and the option of seeking unilateral administrative closure, termination, or continuances from the IJ.

  

       7.  Working with Vulnerable Populations

Date: Monday, July 11, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

CLE Hours: 1.5 Hours, .5 Ethics Credit

Presenters: Vickie Neilson and Rebecca Scholtz

 

Description: While every noncitizen facing removal from the United States is vulnerable, certain populations such as children, those with mental illness, survivors of gender-based violence, LGBTQ clients, and indigenous language speakers are particularly vulnerable. The presenters will start by discussing the client-centered approach and relevance of this approach to representing these groups. The presenters will then discuss the unique protections available to each group as well as the common forms of relief and special considerations to keep in mind when representing a vulnerable population.

            

      8.  Immigration Relief in Removal Proceedings: Adjustment and Waivers

Date: Tuesday, July 12, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Michelle Mendez and Vickie Neilson

 

Description: The presenters will cover adjustment of status (AOS) before the IJ including the legal elements, evidentiary issues, and court procedure. The presenters will delve into common grounds of inadmissibility and available waivers of inadmissibility. The presenters will end with a discussion on the pros and the cons of seeking adjustment before the IJ versus USCIS.

 

      9.  Post-Filing and Pre-Merits Hearing Considerations

Date: Tuesday, July 19, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Ann Garcia and Michelle Mendez

 

Description: The presenters will discuss filing procedures and considerations for the brief, documentary evidence, and relevant motions. The presenters will then explain post-filing considerations including seeking the ICE Office of the Principal Legal Advisor (OPLA) attorney’s position on the case, paying the application fee, if any, obtaining a biometrics appointment, and seeking an Employment Authorization Document (EAD). Finally, the presenters will provide tips on preparing for a known hostile IJ and client preparation.

 

    10.  The Individual Hearing

Date: Thursday, July 21, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Michelle Mendez and Retired IJ Denise Slavin

 

Description: The presenters will cover what to expect during the various aspects of the individual hearing and highlight best practices. The presenters will also discuss tips on how to prepare for an in-person hearing versus a WebEx hearing.  

  

      11.  Overview of Post-Immigration Judge Decision Options

Date: Tuesday, July 26, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Vickie Neilson and Rebecca Scholtz

 

Description: The presenters will discuss how IJs issue decisions and the post-decision options. Specifically, the presenters will cover appeals to the Board of Immigration Appeals (BIA),  including  the legal standards that apply to BIA appeals and how to approach briefing. The presenters will also explain motions to remand back to the IJ, petitions for review (PFRs) to the U.S. court of appeals, motions to reopen and reconsider, and stays of removal.

  

      12.  What would you do if this happened to you in Immigration Court?

Date: Thursday, July 28, 2022

Time: 10:00 AM to 11:30AM PT / 1:00 PM to 2:30PM ET

Presenters: Ann Garcia, Michelle Mendez, Vickie Neilson, Rebecca Scholtz, and retired IJ Denise Slavin

 

Description: In this interactive skits session, the presenters and Retired IJ Denise Slavin will play the roles relevant to an individual hearing and showcase problems that can arise during the individual hearing. We will start from the beginning of an individual hearing and move through the hearing stopping the skit to allow for group discussion on how to solve the problem.

 

CLE Credits

The Washington State Bar Association approved this course for 18 credit hours. The 18 credits count for all 12 sessions of the course. We 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 attended live. Additionally, introductory remarks, breaks, and Q&A sessions are not included in the computation of credit. If you have questions, please reach out to the events team at events@nipnlg.org.