Exploring Immigration Defense Strategies (May 30, 2014 - Seattle, WA)

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This one-day training will focus on evidentiary issues and removal defense strategies in immigration proceedings. Topics will include witness testimony, examination and cross-examination, taking the 5th, challenging the government's documentary evidence including motions to suppress and document production, challenges to reinstatement orders, and developments in criminal removal defense. 

Faculty: Maria Andrade, Maria Baldini-Potermin, Ann Benson, Rex Chen, Hilary Han, Barbara Hines, Raha Jorjani, Trina Realmuto, Manuel Rios, Jay Stansell, Francisco Ugarte, Sejal Zota

Moderators: Dan Kesselbrenner, Chris Strawn

EXPLORING IMMIGRATION DEFENSE STRATEGIES
Friday, May 30, 2014
WSBA Conference Center
Seattle, WA

THIS COURSE HAS BEEN APPROVED FOR 6.25 HOURS OF WASHINGTON STATE MCLE CREDIT, INCLUDING 1 HOUR OF ETHICS CREDIT.

SEMINAR AGENDA

8:30 – 9:00AM REGISTRATION AND COFFEE

9:00 – 10:00AM 

I. Witness Testimony
Faculty: Maria Baldini-Potermin and Manuel Rios

1. Live testimony vs. video testimony
2. Motions for telephonic testimony by lay witnesses
3. Cross-examination of border patrol agents and other government witnesses
4. Cross-examination of your client
5. Using expert witnesses

10:00 – 10:05AM FIVE MINUTE MINI-BREAK

10:05 – 10:50AM

II. Criminal Exposure and Invoking the 5^th Amendment
Faculty: Raha Jorjani, Jay Stansell, & Chris Strawn

1. Taking the 5^th
2. Criminal exposure in immigration applications and forms
3. Adverse inference based on invocation of the 5^th
4. Challenging the admissibility of prior statements

10:50 – 11:00AM TEN MINUTE BREAK

11:00am – 12:15PM

III. Challenging Government’s Documentary Evidence
Faculty:  Rex Chen and Francisco Ugarte

1. Motions to suppress
2. Form I-213
3. Illegally obtained evidence
4. Strategies
5. Termination
6. Evidence other than alienage
7. FOIAs under state laws
8. Requesting document production

12:15 – 1:30PM LUNCH BREAK (ON YOUR OWN)

1:30 – 2:45PM 

IV. Evidentiary Developments in Criminal Removal Cases
Faculty:  Ann Benson, Dan Kesselbrenner, and Sejal Zota

1. Categorical approach and modified categorical approach
2. Record of conviction
3. Use of extrinsic evidence

2:45 – 3:00PM FIFTEEN MINUTE BREAK

3:00 – 4:00PM 

V. Immigration Practice Ethics
Faculty:  Maria Andrade and Barbara Hines

1. Ethical challenges in immigration removal proceedings
2. Rules of Professional Conduct as applied to immigration law
3. Exercises and analysis

4:00 – 5:00PM

VI. Reinstatement: Challenging DHS-issued Removal Orders 
Faculty:  Hilary Han and Trina Realmuto

1. Administrative and judicial issues and strategies
   1. Administrative removal under § 238(b)
   2. Reinstatement of removal under § 241(a)(5)
2. Reasonable fear proceedings
   1. Interview before the asylum officer and IJ review
   2. Withholding and CAT-only proceedings
3. Custody and bond issues

5:00PM END OF CLE