Reinstatement of Removal-Downloadable Recording

Reinstatement of Removal-Downloadable Recording

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Recording Date 10/27/15
CLE Eligible Yes
Length 90 min.
Format Web Seminar
SKU WS2015-10-27-DL

The words "reinstatement of removal" cause heart palpitations in even the most experienced practitioners. This formerly obscure provision of the INA has come into increasing use in recent years, with ICE invoking its authority to summarily remove record numbers of previously deported noncitizens and instituting "withholding only" proceedings for those who establish a reasonable fear of persecution. Our panel of experts outlines the reinstatement law and procedures, and brainstorms creative strategies for working with ICE and raising challenges and defenses to reinstatement in the courts.

Featured Topics

  • The Basics: The Parameters of the Reinstatement Statute and the Procedures Which Flow from a Decision to Reinstate a Prior Removal Order
  • The Scope of ICE's Discretion Throughout and After Reinstatement Proceedings
  • Immigration Judge and Judicial Review
  • Creative Strategies: Reopening Executed Removal Orders and Asserting the Availability of Asylum in Withholding-Only Proceedings

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AILA has filed for MCLE and specialized credit in appropriate jurisdictions. To receive CLE credit, attorneys must record seminar attendance and the CLE code provided via webCLE. Eligible participants can receive up to 1.8 CLE credit hours.

The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: AR, IA, KS, MN, RI, and TN.

Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. Please view the OnDemand Downloadable and CD-Rom Expiration Chart for more details. Your jurisdiction may also limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, please visit the CLE Center. For more information on specific approvals, e-mail
Trina Realmuto (dl), Boston, MA
Trina Realmuto is litigation director at the National Immigration Project of the National Lawyers Guild. Her work focuses on litigation related to removal defense and government accountability. She authored the pre-Nken practice advisory on returning individuals to the U.S. and is a co-author of the current advisory. Ms. Realmuto was co-counsel in the district court FOIA litigation that ultimately prompted the Solicitor General's Office to admit it had misrepresented the existence of a return policy to the Supreme Court in Nken and also prompted DHS' issuance of the current return directive. She regularly provides assistance to attorneys and individuals who are seeking to return to the U.S. after having prevailed on an administrative motion before EOIR or in federal court litigation.

Robert Pauw, AILA Author, Litigating Immigration Cases in Federal Court, Seattle, WA
Robert Pauw is a partner in the Seattle law firm of Gibbs Houston Pauw. He has practiced immigration law since 1987, specializing in immigration-related litigation, and has taught immigration law at Seattle University and the University of Washington for many years. He is the author of Litigating Immigration Cases in Federal Court, (2013).

Keren Zwick, Chicago, IL
Keren Zwick is a Managing Attorney with the National Immigrant Justice Center (NIJC). She oversees NIJC's LGBT Immigrant Rights Initiative and is a member of NIJC's litigation team. Keren is co-chair of the Chicago AILA Chapter's liaison committee with ICE. Keren is a graduate of Columbia Law School, and prior to joining NIJC, she clerked at the Seventh Circuit Court of Appeals.

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