Advanced Topics in Motions to Reopen - Recording (.MP3)

Advanced Topics in Motions to Reopen - Recording (.MP3)

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Recorded 12/12/2017
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2017-12-12-DL

While the INA allows for the reopening and rescission of orders of removal upon the filing of a motion to reopen, courts are continuing to place restrictions on the ability of noncitizens to reopen their cases in the “interest of finality to court processes.” The panelists will address advanced topics in filing motions to reopen with the immigration court and the Board of Immigration Appeals. These topics include overcoming the time and numerical limits on motions to reopen, motions to reopen in absentia orders of removal, Lozada motions based upon ineffective assistance of counsel, joint motions, sua sponte motions, due diligence, prejudice, and appealing denials of motions to reopen.

Featured Topics

  • Overcoming the Time and Numerical Limits on Motions to Reopen
  • Due Diligence and Prejudice
  • Motions to Reopen In Absentia Orders and Automatic Stays of Removal
  • Statutory and Regulatory Motions to Reopen in the Post-Departure Context
  • Judicial Review of Motions to Reopen in Light of Dada v. Mukasey and Mata v. Lynch
  • Building a Record and Appealing Denials of Motions to Reopen

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Sui Chung specializes in removal defense with Immigration Law & Litigation Group in Miami, Florida. The American Immigration Lawyers Association awarded her the Michael Maggio Pro Bono Service Award after she established the Krome Mental Incompetency Project. Ms. Chung was co-counsel in Hernandez v. State, the lead case in Florida addressing an immigrant's right to effective representation of counsel, and counsel for Enrique, from the award-winning novel, Enrique's Journey. She is currently President of the American Immigration Lawyers Association South Florida Chapter and she serves on the boards of the American Immigration Council, Catholic Legal Services, and Immigrants' List (PAC). Ms. Chung has been a member of the AILA National ICE Liaison Committee for four years. She began her career at the Board of Immigration Appeals with the United States Department of Justice Attorney General Honors Program and received a J.D. from Georgetown Law, and B.A. and B.M. degrees from Oberlin College. She is the author of Winning on Paper, coming out in spring of 2018.

Raed Gonzalez, is the chairman of Gonzalez Olivieri LLC in Houston, TX. He is an accomplished litigator and avid CIR advocate. Mr. Gonzalez obtained his JD from the Inter American University of P.R. and has an LL.M. in Health Law from the University of Houston Law Center. He has litigated and is admitted to the 1st, 2nd, 3rd, 5th, 6th, 9th and 11th Circuit Court of Appeals, the Southern District of TX, the Supreme Court of Texas, the Supreme Court of P.R. and the Supreme Court of the United States. Mr. Gonzalez's published precedent decisions in the 5th Circuit Include: Manuel Flores Ledezma v. Gonzalez, 415 F.3d 375, 380 (5th Cir. 2005); Perez-Pimentel v. Mukasey, 530 F.3d 321 (5th Cir. 2008); McCarthy v. Mukasey, 555 F.3d 459, 462 (5th Cir. 2009); Nieto Hernandez v. Holder, 592 F.3d 681 (5th Cir. 2009); Gomez v. Lynch II, ---F.3d---, 2016 WL 4169123 (5th Cir. Aug. 5, 2016) and three victories in SCOTUS: Dada v. Mukasey, 554 U.S. 1 (2008); Alexis v. Holder, No. 09-955, (Unpublished) (June 21, 2010); and most recently, Mata v. Lynch, 135 S. Ct. 2150 (2015).

Amber L. Weeks is a partner at Noble & Vrapi, P.A., with offices in Albuquerque, NM, Santa Fe, NM, Las Cruces, NM, and El Paso, TX. In addition to handling a broad range of immigration matters and appeals, she specializes in removal defense before the immigration court and post-conviction relief in state court. Ms. Weeks also handles federal litigation and was co-counsel for the first impression mandatory detention challenge in Melero Valdez v. Terry, 874 F. Supp. 2d 1262 (D.N.M. 2012). She currently serves as the American Immigration Lawyers Association Liaison with Immigration and Customs Enforcement in New Mexico.

The speaker's/author’s views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author’s experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.