Avoiding 2x Whammy of Expedited Rem. & Reinstate of Prior Orders-Downloadable

Avoiding 2x Whammy of Expedited Rem. & Reinstate of Prior Orders-Downloadable

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Avoiding the Double Whammy of Expedited Removal and Reinstatement of Prior Orders

This 90 minute web seminar was originally presented August 12, 2010.


Expedited removal has become part of the daily procedure for unsuspecting noncitizens at ports of entry. In addition, many people who have been previously ordered removed are subject to reinstatement of the prior order despite close family and community ties to the U.S. Learn how to evaluate whether a noncitizen may be subject to reinstatement of removal and identify strategies for those who may not have a prior order but who may face the possibility of expedited removal.

  • Overview and Statutory Authority for Expedited Removal and Reinstatement
  • Determining Whether a Prior Order Exists-Client Interview, FOIA, FBI Records Requests
  • Expedited Removal Orders-Credible Fear vs. Reasonable Fear
  • Contesting/Curing the Expedited Removal Order-Waiver for Lack of Visa, Parole, Working with the Port Director, Traveler Redress
  • Contesting Reinstatement of a Prior Order, Judicial Review
  • Retroactive Application of INA §241(a)(5)-Fernandez-Vargas and Circuit Split
  • I-212 Waivers in Adjustment of Status and Consular Processing


AILA has not applied for and is not administering CLE credit for this OnDemand program. However, CLE self-study credit may be available in your jurisdiction. Please check your jurisdiction’s CLE rules on the AILA CLE Center for more information.

Faculty

Robert Pauw (dl), Seattle, WA

Robert Pauw, a member of the board of trustees of the American Immigration Council, is a partner in the Seattle law firm of Gibbs Houston Pauw and teaches immigration law at Seattle University School of Law. He specializes in immigration related litigation, and has been counsel for plaintiffs in several significant immigration cases, including Morales-Izquierdo v. Gonzales, 477 F.3d 691 (9th Cir. 2007) (en banc) (challenge to reinstatement), and Quezada-Bucio v. Ridge, 317 F.Supp.2d 1221 (W.D.Wash. 2004) (challenge to mandatory detention). He is the author of Litigating Immigration Cases in Federal Court.


Trina Realmuto, Boston, MA

Trina Realmuto is a staff attorney at the National Immigration Project of the National Lawyers Guild. She has appeared as counsel or amicus counsel in numerous reinstatement cases and regularly mentors attorneys with reinstatement cases. She is also the author of the American Immigration Council’s practice advisory on reinstatement. Ms. Realmuto previously worked as an attorney consultant to AIC and as an associate attorney at Van Der Hout, Brigagliano & Nightingale in San Francisco.


Stephen Manning, Portland, OR

Stephen Manning is an attorney at Immigrant Law Group PC in Portland, Oregon. He is the chair of the American Immigration Lawyers Association amicus committee and a past chapter chair of the Oregon chapter. He is the recipient of the 2009 Edith Lowenstein Award and the 2010 Jack Wasserman Award for excellence in litigation (AILA Amicus Committee). His firm was awarded the Gerald H. Robison award for excellence in litigation in 2007.

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