Aggressive Removal Defense, Part 1: Contesting Removability - Recording (.MP3)

Aggressive Removal Defense, Part 1: Contesting Removability - Recording (.MP3)

Nonmember:
$179
Member:
$109
Your Price:
$179
Recorded 01/11/2018
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2018-01-11-DL

The U.S. Department of Homeland Security (DHS) has the initial burden of proof in removal proceedings. Our expert speakers will discuss best practices for contesting removability, requiring DHS to meet its burden of proof, and seeking termination of removal proceedings when DHS fails to meet its burden in a timely manner. They also will offer practical tips for denying charges of removability, objecting to DHS evidence, and holding DHS to its burden of proof in order to aggressively litigate removability and create an exceptional record for appeal.


Featured Topics

  • Understanding the Shifting Burdens of Proof in Removal Proceedings
  • Denying Charges at Master Calendar Hearings
  • Preparing for a Contested Removability Hearing
  • Objecting to DHS Evidence and Examination
  • Creating the Record You Want to Litigate on Appeal

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Faculty

Alan Diamante is a California State Bar certified specialist in immigration and nationality law. Mr. Diamante earned his Bachelor of Arts in Social Science from the University of California, Berkeley with honors and a Juris Doctor from Loyola Law School, Los Angeles. Among other notable accomplishments, he served as petitioner's counsel in Galeana-Mendoza v. Gonzalez, 465 F.3d 1054 (9th Cir. 2006) where the Ninth Circuit Court of Appeals ruled that a conviction of domestic battery is not necessarily a deportable offense or a crime involving moral turpitude. Mr. Diamante also served as co-counsel in Hootkins v. Napolitano, CV07-05696 (Central District of California 2009), a class action matter, where the court found that the Department of Homeland Security's (DHS) summary revocations of spouse-based petitions of widows was invalid. The publicity behind the Hootkins v. Napolitano lawsuit motivated the DHS to change its regulations in 2009, and subsequently triggered a favorable change in the law for immigrant widows by the United States Congress and President Obama. Mr. Diamante was Chair of AILA's Consumer Protection/UPL Committee and continues to be the UPL liaison for AILA's Southern California Chapter.

Aaron Hall is a graduate of the University of Colorado Law School. Mr. Hall is an active member of the American Immigration Lawyers Association (AILA) and has served as the Chair of the Colorado Chapter's New Members Division, the Colorado Chapter's Immigration and Customs Enforcement (ICE) Liaison Committee, and on AILA National's Amicus Committee. Mr. Hall is a member of the Colorado Bar Association (CBA) and served as the Chair of the Immigration Law Section for the 2014-2015 year. In addition, Mr. Hall is a member of the Colorado Criminal Defense Bar, focusing on analyzing the potential for postconviction relief for noncitizen defendants in criminal court and on working with defense counsel to apprise noncitizen defendants of the potential immigration consequences of criminal charges.

Rebeca Sánchez-Roig is the managing partner of Sánchez-Roig Law, P.A. She is a former deputy chief counsel who spent 17 years as a federal prosecutor with the U.S. Department of Homeland Security, Immigration and Customs Enforcement. Ms. Sánchez-Roig represented the United States government in removal proceedings including political asylum, adjustment of status, cancellation of removal, human smuggling, terrorism, persecutors, Russian organized crime, sexual predators, drug traffickers, and other special interest cases. She regularly advises criminal defense attorneys in negotiations, motions to vacate, and pre-trial on the immigration consequences of criminal charges and convictions. Ms. Sánchez-Roig is experienced in immigration through international adoptions and has served as a Victim's Rights Advocate for victims of crimes in Florida.

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.

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