2023 Spring CLE Seminar: All About Motions to Reopen

2023 Spring CLE Seminar: All About Motions to Reopen

Thursday, March 30, 2023 - 11:00 AM - 6:00 PM (ET)

In-Person

Location: The George Washington University Law School, Student Conference Center, Lisner Hall, 2023 G St NW, Washington, DC 20052

The building can be accessed on H St or G St via the courtyard

(300 Minutes of Instruction – 5.0 Total CLE Credits)

- AGENDA -

Thursday, March 30, 2023

11:00 AM - 11:15 AM ET: Welcome and Introductions

11:15 AM - 12:15 PM ET: General Motions to Reopen, Reconsider, & Remand

60 minutes of instruction (1.00 CLE Credit)

It is critical for practitioners to understand the motions available to file after an adverse decision by the immigration judge or Board of Immigration Appeals (BIA). This session will give an overview of motions to reopen, reconsider, and remand, including time and number limitations, and arguments for equitable tolling. The training will also address requirements under Matter of Lozada when a motion to reopen is based on ineffective assistance of counsel. Additionally, the training will discuss when it is necessary to file a motion to reconsider before the BIA in order to satisfy exhaustion requirements in federal court.

Faculty:

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

Tamara Jezic, Immigration & Personal Injury Attorney, Jezic & Moyse, LLC

12:15 PM - 1:00 PM ET: Lunch Break - Lunch will be provided

1:00 PM - 2:00 PM ET: In Absentia Motions to Reopen

60 minutes of instruction (1.00 CLE Credit)

An in absentia order of removal can not only put a noncitizen at imminent risk of removal, but can also have cascading effects on a person’s ability to adjust status or receive discretionary relief. Motions to rescind and reopen in absentia removal orders operate under a different statutory scheme than other motions to reopen. This training will provide an overview of the rules and procedures for filing these motions before immigration courts.

Faculty:

Katy Lewis, Senior Attorney, Mountain State Justice

Anam Rahman, Partner, Calderón Seguin PLC

2:00 PM - 2:15 PM ET: Break

2:15 PM - 3:15 PM ET: Motions to Reopen Based on Changed Country Conditions

60 minutes of instruction (1.00 CLE Credit)

Noncitizens seeking asylum and related forms of humanitarian protection are given special consideration to file motions to reopen based on changed country conditions. But what does the immigration court consider to be a change as opposed to a continuation of existing harm? This training will take a deep dive into the state of the law on these motions, and will include practical tips on how to document the state of country conditions at both the time of the initial hearing and the time of the motion to reopen.

Faculty:

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

Benjamin J. Osorio, Partner, Murray Osorio PLLC

3:15 PM - 3:30 PM ET: Break

3:30 PM - 4:30 PM ET: Post-Departure Motions to Reopen

60 minutes of instruction (1.00 CLE Credits)

Returning to the United States after departing or having been removed from the United States can be an uphill battle. In order to succeed on a post-removal motion to reopen or rescind and reopen an order of removal, practitioners will need to navigate the post-removal bar, a regulatory jurisdictional limitation to such motions. This training will delve into the case law on post-departure motions as well as the practicalities of bringing your client back if your client prevails on that motion.

Faculty:

Ann Garcia, Staff Attorney, National Immigration Project (NIPNLG)

Aimee Mayer-Salins, Managing Appeals Attorney, Capital Area Immigrants’ Rights (CAIR)
Coalition

4:30 PM - 4:45 PM ET: Break

4:45 PM - 5:45 PM ET: Motions to Reopen for Individuals with MPP Orders of Removal

   60 minutes of instruction (1.00 CLE Credit)

The so-called Migrant Protection Protocols (MPP) presented unique challenges for noncitizens to access the U.S. immigration court, and to receive a fair hearing on their cases. Many noncitizens were unable to attend their hearings, thereby receiving in absentia removal orders, and, overwhelmingly, those who did have hearings on the merits lost their cases. With tens of thousands of asylum seekers left with removal orders, many of whom have subsequently entered the United States, practitioners must understand arguments to put forward for this vulnerable population.

Faculty:

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

Jennifer Babaie, Director of Advocacy & Legal Services, Las Americas

5:45 PM - 6:00 PM ET: Closing and Final Announcements

CLE Sponsored by

Perkins Coie

CLE Credits

The Washington State Bar, the State Bar of Texas, and the State Bar of California have approved this training for 5.00 Continuing Legal Education (CLE) credit hours. 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.

COVID Policy: We are aligning with GW’s COVID policy by requiring all staff, faculty, and participants to be fully vaccinated. Masking will be optional. We are also asking all staff, faculty, and participants to take a rapid test the morning of the event. Participants who test positive will have their participation converted to virtual. To learn about GW University's COVID policy, please visit their website - HERE