2025 Spring Virtual CLE Seminar: Protecting Detained Clients

2025 Spring Virtual CLE Seminar

Protecting Detained Clients: Untimely Motions to Reopen, Stays of Removal, and Release Options

 

Wednesday, April 2, 2025 - 11:00 AM - 5:45 PM (ET)/ 8:00 AM - 2:45 PM (PT)

Thursday, April 3, 2025 - 11:oo AM - 5:30 PM (ET)/ 8:00 AM - 2:30 PM (PT)

Location: Zoom Webinar

(675 Total Minutes -11.25 Total CLE Credits)

 

CLE Description: 

This two-day CLE will focus on three important topics: filing untimely motions to reopen, stays of removal, and release from Immigration and Customs Enforcement custody.

11:00 AM - 11:10 AM ET: Welcome and Introduction 

11:10 AM - 12:10 PM ET: Session 1 - Assessing a Potential Untimely Motion to Reopen

(1 hour - 1.00 CLE Credits)

Description:

When a detained noncitizen has an order of removal, it is important to assess the motion to reopen possibilities. Reopening a removal order will shift the government’s detention authority from INA 241, which does not provide an opportunity for a bond hearing, to, often times, discretionary detention authority under INA 236(a) that does provide an opportunity for a bond hearing. Reopening will also allow the noncitizen to seek immigration benefits for which they may be eligible. This session will explore questions to ask when assessing a possible motions to reopen, cover the applicable statutory and regulatory authority that applies to motions to reopen, and discuss the practical tips for getting started on a motion to reopen.

Faculty: 

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

Rebecca Scholtz, Senior Attorney, National Immigration Project 

12:10 PM - 12:20 PM ET: Break 

12:20 PM - 1:35 PM ET: Session 2 - Challenging Improperly Issued in Absentia Orders of Removal 

(1 hour and 15 minutes - 1.25 CLE Credits)

Description:

When a noncitizen fails to appear at an immigration court, the Immigration Judge will issue an in absentia order of removal if DHS meets its burden of proof. Noncitizens may have an in absentia order of removal because they did not get notice of an immigration court hearing, were in federal or state custody, or because exceptional circumstances prevented them from appearing at their hearing. While there is no filing deadline for motions to rescind and reopen arguing lack of notice or that the noncitizen was in federal or state custody, a 180-day deadline applies to motions to reopen arguing exceptional circumstances. This session will explain how to establish that DHS did not meet its burden during the in absentia hearing as an untimely reopening tactic as well as what qualifies as lack of notice and as exceptional circumstances.

Faculty: 

Katy Lewis, Senior Attorney, Mountain State Justice

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

1:35 PM - 1:45 PM ET: Break

1:45 PM - 3:00 PM ET: Session 3 - Reopening Based on Changed Country Conditions Giving Rise to a New Asylum, Withholding, or CAT Claim and on Eligibility for Violence Against Women Act (VAWA) Benefits 

(1 hour and 15 minutes - 1.25 CLE Credits)

Description:

Eligibility for certain benefits give rise to more generous motion to reopen deadlines. There is no filing deadline for a motion to reopen if the noncitizen is eligible for asylum based on material changed country conditions in the country of origin since the Immigration Judge ordered removal. Similarly, certain noncitizens who are eligible for Violence Against Women Act (VAWA) benefits may file motions to reopen beyond the 90-day deadline or 180-day deadline. This session will provide an overview of both reopening grounds. The faculty will explain how to assess eligibility for these two types of motions to reopen and practical tips on how to document these motions.

Faculty:

Victoria Neilson, Supervising Attorney, National Immigration Project

Hannah Shapiro, Supervising Staff Attorney, Legal Aid Society’s Domestic Violence Immigration Law Project

3:00 - 3:15 PM ET: Break

3:15 PM - 4:30 PM ET: Session 4 - Equitable Tolling of the 90-Day and 180-Day Deadlines and Sua Sponte Reopening Authority 

(1 hour and 15 minutes - 1.25 CLE Credits)

Description:

If a deadline applies to the motion to reopen, but that deadline has passed, noncitizens may argue that the deadline should be equitably tolling and may ask the EOIR adjudicator to exercise their sua sponte reopening authority. This session will cover the requirements of the common law principle of equitable tolling and regulatory sua sponte authority. The speakers will discuss how to best argue for equitable tolling and an exercise of sua sponte authority. The speakers will also discuss tips on what supporting documentary evidence to include.

Faculty: 

Kristin Macleod-Ball, Senior Staff Attorney, National Immigration Litigation Alliance

Aimee Mayer-Salins, Managing Appeals Attorney, Amica Center for Immigrant Rights

4:30 - 4:40 PM ET: Break

4:40 - 5:40 ET: Session 5 - Strategic Filing Considerations 

(1 hour - 1.00 CLE Credits)

Description:

There are many procedural and practical considerations to keep in mind before filing a motion to reopen for a detained client. This session will include a discussion on topics such as common filing mistakes, filing fees and paying the fee (if one applies), notations to include on the motion to reopen cover page, options if the FOIA disclosures or the Digital Audio Recording of the hearing are not back, and communicating with the ICE Deportation Officer about the motion to reopen. 

Faculty: 

Paige Austin, Make the Road New York

Ben Winograd, Attorney at Law, Immigrant & Refugee Appellate Center, LLC

5:40 - 5:45 PM ET: Closing & Announcements

 

11:00 PM - 11:05 AM ET: Welcome and Introductions

11:05 AM - 12:35 PM ET: Session 1 - Stays of Removal 

(1 hour and 30 minutes - 1.50 CLE credits)

Description:

A stay of removal prevents the government from executing a final order of removal against a noncitizen. Immigration and Customs Enforcement, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. This session will explore how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an administrative stay of removal from DHS. The faculty will also discuss current stay of removal trends as well as practical tips before each adjudicator. 

Faculty: 

Rebecca Cassler, Senior Litigation Attorney, American Immigration Council

Leila Kang, Supervising Attorney, Northwest Immigrant Rights Project

12:35 PM - 12:45 PM ET: Break

12:45 PM - 1:45 PM ET: Session 2 - Advocating for Release with Immigration and Customs Enforcement 

(1 hour - 1.00 CLE Credits)

Description:

Immigration and Customs Enforcement has discretionary authority to release a noncitizen from its custody. This session will provide an overview of release requests to ICE as well as strategies and tips for drafting an effective release request.  

Faculty: 

Guadalupe Perez, Immigration Attorney, Law Office of the Cook County Public Defender

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

1:45 PM - 2:00 PM ET: Break 

2:00 PM - 3:30 PM ET: Session 3 - Advocating for  Release with the Immigration Judge 

(1 hour and 30 minutes - 1.50 CLE Credits)

Description:

Noncitizens in removal proceedings can request a custody redetermination hearing before the immigration judge (IJ), otherwise known as a bond hearing before an IJ. As Immigration and Custom Enforcement’s (ICE) use of immigration detention increases, more noncitizens may be eligible for release via an immigration judge’s grant of bond. Effectively preparing and presenting for a client’s bond hearing maximizes the chances of their release. The faculty will discuss how to counter ICE’s arguments that a client is statutorily ineligible for bond, including due to the Laken Riley Act or because the client was initially apprehended shortly after entering in the United States, the burdens of proof and standard for release in IJ bond hearings, and dealing with harmful and unreliable DHS evidence in bond hearings. The faculty will also provide tips for preparing a persuasive IJ bond motion.

Faculty:

Rebecca Scholtz, Senior Staff Attorney, National Immigration Project

Fernando Wytrykusz, Supervising Attorney, Catholic Legal Services, Inc.

3:30 PM - 3:45 PM ET: Break 

3:45 PM ET - 5:15 PM ET: Session 4 – Advocating for Release before a U.S. District Court 

(1 hour and 30 minutes - 1.50 CLE Credits)

Description:

Habeas as an important tool to winning release for detained clients. This session will cover the fundamentals of immigration habeas corpus petitions and address the common scenarios where habeas can be used. The speakers will discuss potential claims and strategy in immigration habeas litigation, tailored to the statutory authority pursuant to which the client is detained, in light of Jennings v. Rodriguez and Dep't of Homeland Sec. v. Thuraissigiam.

Faculty:

Amber Qureshi, Attorney and Founder, Law Office of Amber Qureshi, LLC

Matthew Vogel, Supervising Attorney, National Immigration Project

5:15 - 5:30 PM ET: Closing & Announcements

 

 

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CLE sponsored by

The National Immigration Project

CLE Credits

An application for 11.25 CLE credits is pending with the State Bar of California. The State Bar of Texas and the Washington State Bar Association have approved this 2-day CLE for 11.25 CLE credits. 

Uniform certificates of attendance will be available to those licensed in other states.

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. (Please download the Google sheet to edit it.)

-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.

Tuition Assistance + Student Pricing: Tuition assistance is available based on financial hardship or student status. Attorneys should send an email to events@nipnlg.org with the reason they are requesting financial aid. This inbox is monitored daily.