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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Curriculum For "The Three Rs: Removal, Relief and Review"

The curriculum for "The Three Rs: Removal, Relief and Review" is as follows:

FIRST Phone Session on July 28th: "Please release me, Let me go..."
(Arrest and Hearing; detention issues, removal grounds, burden, defenses, suppression )

  • Reason to believe, warrant, arrest
  • Detention standards, habeas and "custodian" Rumsfeld v. Padilla (S. Ct. June 21, 2004)
  • Right to counsel, approach to practice, client representation, developing the case
  • Immigration judge duties, bias and recusal
  • Hearing rights and meaningful exercise
  • Burden of proof, "arriving alien," FOIA, exhaustion/making the record
  • NTA defects, notice & service, evidentiary insufficiency, res judicata
  • Non-hearings: Stipulated hearing, expedited hearing, & reinstatement of removal

SECOND Phone Session on August 19th: "Crazy, these cases are making me crazy...."
(More Defenses and Challenges in cases involving domestic violence, inabsentia rulings, classified evidence, citizenship, adjustment options, alternate dispositions)

  • Stops and incrimination: Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, (S. Ct. 6/21/04)
  • Alienage and 5th amendment suppression challenges
  • Negotiating with ICE, prosecutorial discretion, stipulation
  • VAWA cancellation, adjustment, exceptions, waivers and deferred action
  • Classified evidence cases; closed hearings, no hearing
  • Conviction "after admission," evidence of conviction, I-213, Jencks Act
  • New charges, effect of grounds not charged or proved on eligbility and review
  • Inabsentia motions, notice, exceptional circumstances, due diligence, reopening

THIRD Phone Session on September 16th: "Stay - Just a Little While Longer"
(Relief and review)

  • Adjustment, voluntary departure, 212(c)/cancellation of removal, 212(h).
  • Combined relief: Gabrelsky/Rainford adjustment, nunc pro tunc permission to reapply (I-212)
  • Discretionary relief and Lopez v. Davis blanket standards
  • AG mixing of statutory standards (Matter of Jean; Matter of K-A-; Matter of Y-L-, et al.)
  • BIA appeal standards, summary dismissal, NOA and streamlining, remand
  • Involuntary waiver of appeal; unlawful removal; self-deportation
  • Petition for review jurisdiction and exhaustion standards under section 242
  • Habeas petitions, stays of removal
The deadline to register is Monday, July 26th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/july2004.shtm. (Fax version: http://www.ilw.com/seminars/july2004.pdf.)



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