Strategies and Considerations in the Wake of <em>Pereira v. Sessions</em> and <em>Matter of Bermudez-Cota</em> - Recording (.MP3)

Strategies and Considerations in the Wake of Pereira v. Sessions and Matter of Bermudez-Cota - Recording (.MP3)

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Late-Breaking Seminar Recording
Special Recording Price for Members: $49
Recorded 09/26/2018
CLE Eligible No
Length 90 min.
Format MP3r
SKU AS2018-09-26-DL

On June 21, 2018, the U.S. Supreme Court held in Pereira v. Sessions that the service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.

Featured Topics

  • An Overview of Pereira v. Sessions and Matter Of Bermudez-Cota
  • A Discussion of Potential Due Process Concerns Resulting from Government Implementation of the Decisions
  • Challenging the Legitimacy of Removal Proceedings Initiated by Defective Notices to Appear
  • Vehicle, Timing, and Geographical Considerations When Raising Pereira v. Sessions-Based Arguments
  • Preserving Arguments for Future Litigation
Due to the late-breaking nature of the program and jurisdictional requirements, CLE credit is not available for this seminar.


Merlyn N. Hernandez (DL), AILA EOIR Liaison Committee Chair, Los Angeles, CA
Merlyn N. Hernandez is the founder of the Law Offices of Merlyn N. Hernandez. For over 15 years, Ms. Hernandez has practiced immigration and family law. Her immigration practice focuses on family-based immigration, asylum, removal defense, administrative appeals, and appeals before the Board of Immigration Appeals. Ms. Hernandez has represented clients before the U.S. Court of Appeals for the Fifth and Ninth Circuits. Ms. Hernandez is a member of the Los Angeles County Bar Association, Family Law Section Executive Committee, a board member of the California Chapter of the Association of Family & Conciliation Courts, and AILA. She has previously served as an advocacy/congressional liaison for the AILA Southern California Chapter. She has been a member of AILA’s Consumer Protection and UPL Action Committee and is currently Chair of the AILA’s EOIR Liaison Committee.

Heather Drabek Prendergast, AILA Board of Governors, Cleveland, OH
Heather Drabek Prendergast, an Elected Director on AILA’s Board of Governors, practices in Cleveland, OH where she is Of Counsel with Aljijakli & Kosseff, LLC. From 2015 to 2018 she chaired AILA’s National ICE Liaison Committee. She regularly speaks about immigration issues at local, regional, and national conferences, and serves on several conference planning committees. Ms. Prendergast is an Adjunct Professor at Cleveland State University’s Cleveland-Marshall College of Law where she teaches Immigration & Nationality Law. Her practice focuses on complex removal defense including trials, appeals, and federal court litigation; employment-based immigration for skilled professionals; family-based immigration; asylum; and naturalization. Ms. Prendergast is a graduate of Cleveland-Marshall College of Law in Cleveland, OH and Skidmore College in Saratoga Springs, NY. She is an avid equestrian and runner.

Jeffrey S. Chase, Brooklyn, NY
Jeffrey S. Chase is an immigration lawyer in New York City. Judge Chase is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First. He is a past recipient of AILA's annual Pro Bono Award, and previously chaired AILA's Asylum Reform Task Force. He is of counsel to the New York law firm of DiRaimondo & Masi, P.C., writes a blog on immigration law,

Helen Parsonage, Winston Salem NC
Helen Parsonage is certified as a specialist in Immigration Law and in State/Federal Criminal Law by the North Carolina State Bar Board of Legal Specialization. She has litigated cases in the immigration courts (focusing on North Carolina and Georgia), before the Board of Immigration Appeals as well as in the Middle District of Georgia and before the U.S. Court of Appeals for the Fourth Circuit. She has lectured extensively on the intersection of criminal and immigration law, including to the North Carolina Bar Association, North Carolina Advocates for Justice, and numerous local criminal defense attorneys associations. She has been an invited faculty member at the AILA Annual and Fundamentals conferences as well as at the Federal Bar Association, Immigration Law Sections annual conference. Ms. Parsonage is a past EOIR Liaison for the AILA Carolinas Chapter.

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.