NIPNLG’s Removal Defense Course

NIPNLG’s Removal Defense Course 

April 18th through May 25th

Tuesdays and Thursdays 

12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

Total CLE Credits: 18.0, Ethics Credits: 1.0 (1.0 out of 18)

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

1. Anatomy of a Removal Proceeding

Date: Tuesday, April 18, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Michelle Mendez and Vickie Neilson

 

Description: The faculty will provide an overview of removal proceedings that explains the process, players, procedures, and sources of authority. The faculty 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, April 20, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Ann Garcia and Rebecca Scholtz

 

Description: The faculty will cover the important roles of Notices to Appear (NTA) and pleadings in removal proceedings. Specifically, the faculty 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.

  

     3.  Detention and Bond

Date: Tuesday, April 25, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: 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 faculty will also discuss strategies for working with detained clients.

  

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

Date: Thursday, April 27, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Ann Garcia and Vickie Neilson

 

Description: The faculty 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 faculty will also discuss how asylum seekers are placed in removal proceedings.

  

      5.  Immigration Relief in Removal Proceedings: Cancellation of Removal

Date: Tuesday, May 2, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: 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 faculty will review eligibility for non-LPR cancellation of removal and LPR cancellation of removal and discuss evidentiary issues and strategic decisions.

  

       6.  Pursuing Relief with USCIS & Prosecutorial Discretion

Date: Thursday, May 4, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Michelle Mendez and Rebecca Scholtz

 

Description: How does one pursue relief before USCIS while in removal proceedings? The faculty will discuss strategies for avoiding an order of removal while a case is pending before USCIS. The faculty will describe motions practice seeking administrative closure, termination, or continuances from the IJ. The faculty will also cover the current prosecutorial discretion landscape and how to make prosecutorial discretion requests to ICE Office of the Principal Legal Advisor (OPLA).

  

       7.  Immigration Relief in Removal Proceedings: Adjustment and Waivers

Date: Tuesday, May 9, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Michelle Mendez and Vickie Neilson

 

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

            

      8.  Working with Vulnerable Populations

Date: Thursday, May 11, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours, 0.5 Ethics Credit

Faculty: 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 faculty will start by discussing the client-centered approach and relevance of this approach to representing these groups. The faculty 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 client who is a member of a vulnerable population.

 

      9.  Post-Filing and Pre-Merits Hearing Considerations

Date: Tuesday, May 16, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Ann Garcia and Michelle Mendez

 

Description: The faculty will discuss filing procedures and considerations for the brief, documentary evidence, and relevant motions. The faculty will then explain post-filing considerations including seeking the ICE 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 faculty will provide tips on preparing for a known hostile IJ and client preparation.

 

    10.  The Individual Hearing

Date: Thursday, May 18, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Michelle Mendez and Dana Leigh Marks, retired Immigration Judge

 

Description: The faculty will cover what to expect during the various aspects of the individual hearing and highlight best practices. The faculty 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, May 23, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours

Faculty: Vickie Neilson and Rebecca Scholtz

 

Description: The faculty will discuss how IJs issue decisions and the post-decision options. Specifically, the faculty 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 faculty will also give an overview of 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, May 25, 2023

Time: 12:00 PM to 1:30 PM PT / 3:00 PM to 4:30 PM ET

CLE Hours: 1.5 Hours, 0.5 Ethics Credit

Presenters: Ann Garcia, Michelle Mendez, Vickie Neilson, Rebecca Scholtz, and Dana Leigh Marks, retired Immigration Judge

 

Description: In this interactive skits session, the faculty and retired Immigration Judge, Dana Leigh Marks, 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. This training will also consider ethical issues that may arise during the course of a hearing.

 

CLE Credits

The Texas State Bar has approved this course for 18 CLE credit hours, including 1.0 Ethics credit and 17 general credits. The Washington State Bar Association has approved this course for 18 CLE credit hours, including 1.5  Ethics credits and 16.5 general credits. 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.