Mental Incapacity: Merging Treatment and Enforcement - Recording (.MP3)

Mental Incapacity: Merging Treatment and Enforcement - Recording (.MP3)

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Special Pricing for Members: $59
Recorded 12/20/2018
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2018-12-20-DL

A client’s psychological symptoms are routinely overlooked and require input from, and collaboration with, medical professionals to be adequately understood and factored into REAL ID Act credibility determinations. The panelists will provide guidance for practitioners to use pre-trial motions, litigate, and advocate for removal proceedings that avoid (rather than continue) traumatizing persons who already have been tortured, persecuted, or otherwise subjected to untreated violence and psychological abuse. They also will address mental health-related grounds of inadmissibility.

Featured Topics

  • Factoring Mental Incapacity and Psychological Issues into Credibility Determinations Under the REAL ID Act
  • Pre-Trial Motions Supported by Psychological Evaluations
  • Litigating Due Process Issues Unique to Mentally Incapacitated Persons in Removal Proceedings and Federal Courts
  • Equitable Tolling of Deadlines Missed Due to Mental Incapacity
  • Grounds of Inadmissibility Related to Mental Illness
  • Documenting Treatment of Mental Illness in Adam Walsh Act Cases to Prove “No Risk of Harm”


Veronica Barba (DL), Los Angeles, CA
Veronica Barba is a partner at Lucas & Barba, LLP in Los Angeles, where she represents clients with a wide range of removal defenses in detained and non-detained settings. She is the former Director of the ABA Immigration Justice Project (IJP) in San Diego. Ms. Barba was with the IJP since its inception in 2008, first serving as the Legal Orientation Program Attorney. Ms. Barba is a graduate of the University of Arizona, School of Law and the University of California Los Angeles. She previously worked for the Center for Human Rights and Constitutional Law in Los Angeles, California. She has been a speaker at various conferences and trainings for the American Immigration Lawyers Association (AILA), the Vera Institute of Justice, the Los Angeles County Public Defender’s Office, as well as other community groups and school venues. She has been recognized as one of the Best Young Attorneys by the San Diego Daily Transcript. She is a member of the Southern California AILA Chapter, Los Angeles County Bar Association and National Immigration Project of the National Lawyers Guild.

Raymond R. Bolourtchi, St. Louis, MO
Raymond R. Bolourtchi is a member of Cofman Bolourtchi LLC, in St. Louis, MO. Born in Iran, he grew up in Spain, France, and Andorra before moving to the U.S. He received his B.A. from UCLA and his J.D. from St. Louis University in St. Louis, MO . He is a member of the Missouri Bar, multiple federal district and circuit bars, and practices exclusively in criminal & family immigration, removal defense, and federal criminal and immigration litigation. He is the 2014 recipient of the Sam Williamson National Mentor Award. He speaks fluent Spanish, French, Catalan, Farsi, and Italian. He is a member the National Immigration Project of the Lawyers Guild, and active in various MO-KAN Chapter and national AILA committees. He is the past AILA MO-KAN Chapter Chair (2016-17), and the MO-KAN ICE-CBP Liaison (2010 to present), and has been active in AILA ICE National Committee, Removal and Deportation Committee, Distance Learning Committee, Annual Conference Committee, and Students and Scholars Committee. Raymond is a frequent speaker at AILA National and chapter conferences and CLE programs throughout the United States.

Damir S. Utržan, Ph.D., Postdoctoral Fellow, University of Minnesota Medical School, Minneapolis, MN
Damir S. Utržan, Ph.D., LMFT is a post-doctoral fellow in the Division of General Pediatrics and Adolescent Health, Department of Pediatrics, at the University of Minnesota Medical School. He is licensed marriage and family therapist as well as a board-approved clinical supervisor in the State of Minnesota. Dr. Utržan is also a clinical fellow of the American Association for Marriage and Family Therapy and member of the American Psychological Association. With a scholarly agenda of advancing evidence-based research practices and policies, his research is on the intersection of complex trauma and human rights. Dr. Utržan is particularly interested in how domestic policies impact post-resettlement adjustment of asylum-seekers and refugees in the United States. He serves as a research scientist on the Institutional Review Board, Human Research Protection Program, at the University of Minnesota. Dr. Utržan is also an expert consultant to private law firms and non-profit organizations (e.g., The Advocates for Human Rights) on petitions for asylum and other forms of relief.

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.