Table Of Contents

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1. Overview of removal proceedings
2. Commencement of removal proceedings under INA § 240
3. Other types of removal proceedings
4. Proper service of the charging document in proceedings
5. Rights in removal proceedings
6. Bond Hearings and Parole
7. Inadmissibility under INA § 212 or Removability under INA § 240 - How Is This Determined
8. Immigration Court Practice Manual
9. Pre-Hearing Motions
10. Juvenile Proceedings
11. Security checks
12. Prosecutorial Discretion

1. Overview of the Grounds of Inadmissibility
2. Who bears the burden of proof when your client is charged under INA §212
3. Grounds of Inadmissibility

1. Overview of the grounds of removal
2. Document-related grounds of removal
3. Security Grounds
4. Public charge
5. Unlawful voters

1. Overview
2. Preliminary considerations
3. The decision to concede or contest removability
4. Grounds to challenge a Notice to Appear
5. Burden of proof in removal proceedings
6. Special issues where the person is charged with being subject to removal based on criminal grounds
7. Motions to suppress
8. Conclusion

1. INA § 245(i)
2. Family-based adjustment of status
3. Employment-based Adjustment of status
4. Child status Protection Act ("CSPA")
5. NACARA
6. Refugee adjustment in removal proceedings
7. Registry
8. Adjustment for certain nationals from Vietnam, Cambodia, and Laos
9. Cuban adjustment act

1. Overview
2. Discretionary determination
3. Types of Waivers
4. Conclusion
5. Provisional Waiver

1. Introduction
2. Cancellation of Removal for LPRs
3. INA § 212(c) relief

1. Introduction
2. Eligibility
3. Continuous physical presence and the stop-time rule
4. Repapering
5. Special rule cancellation of removal for a battered spouse or child
6. Suspension of deportation

1. Introduction
2. Eligibility to Apply
3. Requirements
4. Statutory Bars
5. IJ jurisdiction to adjudicate NACARA applications
6. How to file

1. Overview and benefits of asylum
2. Referred vs. defensive asylum application
3. Real ID Act of 2005
4. Corroboration of an Asylum Claim
5. "On account of" standard
6. Government unwilling or unable to control persecutors
7. What constitutes persecution
8. Past Persecution Claim
9. Well-founded fear of persecution
10. Exercise of discretion
11. Bars to Asylum
12. Withholding of Removal
13. Termination of asylum and withholding of removal
14. Employment authorization
15. The credible fear process

1. Overview
2. CAT regulations and legal standard
3. Definition of torture
4. Acquiescence of Government officials
5. Withholding of removal versus deferral of removal under CAT
6. Termination of CAT relief
7. Deferred CAT

1. Overview and benefits
2. Requirements
3. Failure to post voluntary departure bond
4. The effect of failing to depart
5. Reinstatement of voluntary departure after an appeal to the Board
6. Termination of voluntary departure upon filing a motion to reopen or petition for review

1. Overview
2. Prima Facie Eligibility for Naturalization
3. Bars to Naturalization
4. Procedure for termination of removal proceedings to apply for naturalization

1. S visa
2. T visa
3. U visa
4. I-360
5. TPS
6. Deferred Action
7. Private Bill

1. Appeal to the Board of Immigration Appeals
2. Motion to Reopen vs. Motion to Reconsider

EDITORS

Priscillia Sundah Suntoso is Of Counsel to Lubis Ganie Surowidjojo. She was admitted to the Massachusetts Bar in 2002, after graduating from Suffolk University Law School in Boston. In 2005, she was admitted to the Massachusetts District Court and the U.S. Supreme Court. In 2009, she was IDEAS-Indonesia Fellow at Massachusetts Institute of Technology (MIT) Sloan School of Management in Cambridge, Massachusetts. An accomplished pianist, she also holds a Bachelor of Music in Jazz Composition from Berklee College of Music and an MBA from Suffolk University. She has written many articles for the American Immigration Lawyers Association (AILA) and other legal publications since 2001, and was Associate Editor for Immigration Option for Religious Workers (2005). Ms. Suntoso has lectured on immigration law before many community organizations in U.S. and Indonesia. Between 2006 – 2009, she was a part of the President’s Advisory Council, Security and Defence Advisor’s Office in Jakarta, Indonesia, serving President Susilo Bambang Yudhoyono. She is Of-Counsel to Lubis Ganie Surowidjojo in Jakarta, Indonesia, and practices at the Law Offices of David M. Sperling in New York.

Rodney M. Barker is partner at Barker, Epstein and Loscocco. Born in London, England, 1933; admitted to bar as Solicitor in England and Wales in 1959; Massachusetts bar in 1977; U.S. District Court, District of Massachusetts, 199??; First Circuit Court of Appeals, 199??; He received a Master of Arts in History and Law from Cambridge University in 1955 and Master of Arts in Teaching from Oberlin College in 1964; Mr. Barker has practiced immigration law in Boston for over twenty-five years, successfully representing clients before the INS, US Department of Labor, US Immigration Court and Board of Immigration Appeals; Mr. Barker has been an active member of the American Immigration Lawyers Association [AILA] throughout his legal career. Mr. Barker served as Chair of the New England Chapter of AILA from 1992 to 1993, as well as National Co-Chair of the Immigration Religious Visas and Immigrant Religious Visas Committee. In addition to practicing immigration law, he is currently an Adjunct Professor of Immigration Law at Suffolk University Law School. Mr. Barker worked with US Representative Barney Frank to sponsor legislation to obtain 1000 permanent residence visas for displaced Tibetans and to continue the Religious Worker program through 2008. He has written articles on U.S. immigration for English legal journals and lectured on aspects of nonimmigrant visas at AILA conferences. Mr. Barker also held elected political office in Newton, MA. And is active in many community organizations, including the Tibetan Community Assistance Project/Boston, Inc. and the Newton/San Juan del Sur Sister City Project, Inc.

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