2020 AILA Crimes and Immigration Virtual Conference

Some removal grounds employ both a categorical and circumstance-specific approach to crime. The categorical approach can be exciting and is usually on your side, so rely on it to restrict Shepard documents (and beyond) from coming into the record.

Fraud and Deceit Crimes Under INA §101(a)(43)(M)

• Categorical on Fraud/Deceit Elements, Circumstance-Specific on Extent of Loss
• Beauty Is in the Eye of the Circuit: Intent to Deceive vs. Intent to Harm/Injure
• Move to Terminate by Establishing Immateriality or No Misrepresentation

Failure to Appear and Matter of Garza-Olivares

• Categorical as to Elements of Failure to Appear Before a Court
• Circumstance-Specific as to Court Order, Felony Charge, and Possible Sentence

Domestic Violence: Categorical or Circumstance-Specific? When the BIA Pushes, the Defense Strikes Back

• Categorical on Element of Violent Physical Force: Crime of Violence Under 18 USC §16(A)
• Circumstance-Specific as to Relationship with Victim. Why? How the BIA Gets It Wrong in Matter of H. Estrada

Violation of Protective Orders, Two-Prong Approach

Evolving Precedent from Almanza; The U.S. Supreme Court Takes Up Pereira v. Barr and Burdens of Proof

Documents from the Record of Conviction (ROC)

• Pleas of Guilty or No Contest
• Guilty Verdicts from Trial
  • Are the Presentence Report and/or Other Documents Outside the ROC Ever Admissible?

Faculty:

• Karl William Krooth (DL), Conference Program Committee, San Francisco, CA
• Thomas Edward Moseley, Newark, NJ
• Sheila Stuhlman, Minneapolis, MN
• Michael S. Vastine, Miami Gardens, FL

Session Link: https://zoom.us/j/92435043446

THE ROOM WHERE IT HAPPENED: HOW TO HELP CRAFT CRIMINAL PLEA DEALS THAT DON’T COST YOUR CLIENT THEIR FUTURE

Criminal convictions carry permanent immigration consequences. And yet, sometimes, a few seemingly minor tweaks can avoid or reduce future harm. We often wish we could go back into that room where our clients unknowingly sealed their fate, so we could have steered them away from catastrophe. The panelists will focus on how you can work with criminal defense counsel to craft plea agreements that keep your client safe.

• Safely Avoiding a Conviction, Including Admissions
• Finding Safe Harbor: Researching Case Law Defining the Minimum Conduct, Definitions of the Elements, Reviewing Controlled Substance Schedules, Sentence Enhancers or Modifiers
• Definitions of Fraud, Deceit, Mens Rea, Victim’s Age, etc.
• Sanitizing the Factual Record: Removing Derogatory Facts or Dates from Charging Documents and the Plea Colloquy
• Being Aware of Limitations: The Victim’s Motivation and Involvement, Client’s Statements, Physical Evidence, etc.
• Setting Realistic Goals: Avoiding Detention and Removal, Preserving Eligibility for Naturalization, Cancellation of Removal, DACA, etc.

Faculty:

• Benjamin Crouse (DL), Conference Program Committee, Milwaukee, WI
• John Gihon, AILA Central Florida Chapter Chair, Orlando, FL
• Maria E. Andrade, Boise, ID
• Mark A. Davis, Pasadena, CA

Session Link: https://zoom.us/j/96342959598

The Businessperson With The Hidden Past: How Crimes Affect Employment-based Cases

Employers, employees, students, and holders of nonimmigrant visas are not immune to criminal activity, though most do not like to talk about these issues. For the employment-based immigration lawyer, dealing with criminal activity and the consequences of criminal convictions is generally not an everyday experience. Using real life scenarios, this panel of experts will discuss a multitude of crimes in the context of employment-based cases and offer analysis, suggestions, and tips on how to deal with the effects of criminal charges and convictions on employment-based cases.

• What Were You Thinking? Common Crimes That Render the Business Client Inadmissible and/or Removable
• How Can I Help You? How to Analyze Crimes and Criminal Activity in Adjustment of Status Cases
• Will They Let You In? How to Analyze Crimes and Criminal Activity in Consular Processing Cases
• Do You Have a Medical Problem? How to Deal with Panel Physicians and Consular Officers When the Client Has a Criminal History
• Will You Get the Visa? How Do Criminal Convictions or Charges Impact Nonimmigrant Visas?
• Why Did You Do That? What to Do When the Client Is in Trouble, How to Deal with a Difficult Case

Faculty:

• Anthony Drago Jr. (DL), Conference Program Committee, Boston, MA
• Cheryl David, AILA Removal Defense Section Steering Committee Chair, New York, NY
• Daniel J. Parisi, London, UK
• Amy L. Peck, Omaha, NE

Session Link: https://zoom.us/j/98553898898

CUSTODY, BOND, AND HABEAS CORPUS PETITIONS: WHERE ARE WE NOW?

Challenging detention has become complex. Respondents have faced increasing detention periods, dangerous conditions, and inability to access release despite rapidly changing circumstances. Learn how to persist in getting your clients out of detention, including using the most cutting-edge arguments from other jurisdictions.

• Joseph Hearings: Best Practices in Arguing Against Mandatory Detention and Negotiating with ICE
• Matter of Egidijus Siniauskas: DUI and Dangerousness, Impact on Good Moral Character
• Changed Circumstances: Arguments for a New Bond Hearing
• Developments in Burdens of Proof and Ability-to-Pay Bond
• Navigating Respondent and DHS Appeals with the BIA
• Staying on Top of, and Continuing to Argue, Prolonged Detention, COVID-19, Indefinite Detention, and Habeas Theories

Faculty:

• Sui Chung (DL), AILA EOIR-ICE Joint Committee Chair/Removal Defense Section Steering Committee, Conference Program Vice Chair, Miami, FL
• Kerry E. Doyle, AILA Removal Defense Section Steering Committee, Boston, MA
• Elizabeth Jordan, Denver, CO
• Zachary Nightingale, San Francisco, CA

Session Link: https://zoom.us/j/94154766957