APA Litigation: How to Take a USCIS Denial to Federal Court - Recording (.MP3)

APA Litigation: How to Take a USCIS Denial to Federal Court - Recording (.MP3)

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Recorded 09/09/2021
CLE Eligible Yes
Length 90 min.
Format Streaming
SKU WS2021-09-09-DL

When your client has run out of administrative appeals and a circuit court appeal isn’t available, how can you keep fighting for the case? The expert faculty of this intermediate seminar will discuss when and how to litigate a denial under the Administrative Procedures Act (APA), an often-overlooked avenue to challenging employment– or family-based immigration denials.

Featured Topics

  • When Is an APA Complaint Appropriate to Challenge a Denial?
  • How to Draft an APA Complaint
  • Advocating for Your Client Through Negotiation with the Assistant U.S. Attorney
  • The Government Filed a Motion to Dismiss: How Do I Respond?
  • When Should I File a Motion for Summary Judgment?
  • Getting Attorney’s Fees in APA Litigation

Free Seminar Recordings with AILA Membership Starting March 2021

Please note, all 2021 seminar recordings are free to AILA members starting in March 2021, as part of a new service provided with AILA membership. Recordings will be available approximately two weeks after the live event and are CLE eligible in most jurisdictions. A CLE administration fee will apply for AILA members interested in obtaining CLE credit. More details available [here].

This Program is CLE Eligible

CLE processing is included with purchase for all nonmembers. Members receiving this recording as a free member benefit may also obtain CLE credit for the program. To elect to receive credit for this seminar in eligible jurisdictions, please complete payment of a $35 CLE administration fee for each individual seminar you wish to report on ailawebCLE.org. Payment must be completed before AILA will process CLE attendance. Detailed information on how to obtain CLE can be found [here].

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, MO, PR, and TN.

Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. Please view the OnDemand Downloadable 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, email cle@aila.org.


Maria T. Baldini-Potermin (DL), AILA Federal Court Litigation Section Steering Committee/AILA Removal Defense Section Steering Committee, Chicago, IL

Maria T. Baldini-Potermin founded Maria Baldini-Potermin & Associates, P.C. in Chicago. She focuses on removal defense, federal litigation, waivers, family-based immigration, and immigration consequences of criminal dispositions. AILA awards include: the 2013 and 2018 AILA Presidential Commendation, 2010 Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law, and 2004 Chicago Joseph Minsky Mentor Award. She has served on and chaired numerous AILA committees, including AILA Federal Court Litigation Section. She serves on the National Immigration Project Board of Directors.

Charles H. Kuck, AILA Past President/AILA Administrative Litigation Task Force, Atlanta, GA

Charles H. Kuck is the Managing Partner of Kuck Baxter Immigration LLC. He is a former National President of the American Immigration Lawyers Association and is a founding member and former president of the Alliance of Business Immigration Lawyers. Mr. Kuck has represented asylum seekers and other immigrants in more than 600 trials before the immigration court. He received his J.D. from Arizona State University Law School in 1989.

Brad Banias, Charleston, SC

Brad is an attorney with Wasden Banias, LLC. After two federal clerkships and an LLM, Brad worked with the U.S. Department of Justice’s Office of Immigration Litigation – District Court Section. His firm comprises all former DOJ attorneys. Together, they focus their practice on federal court immigration litigation. They won AILA’s national award for excellence in litigation in 2020.

Helen L. Tarokic, Wilmington, NC

Helen Tarokic (J.D. Wake Law ’06) of Helen Tarokic Law PLLC is a NC Board Certified Immigration Law Specialist. She handles a wide range of cases, including humanitarian (T, U, VAWA). As a result of the Trump Administration backlogs, she has had to initiate co-counsel litigation over long-term application delays and unjust denials.

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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