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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