APA Litigation: How to Take a USCIS Denial to Federal Court

APA Litigation: How to Take a USCIS Denial to Federal Court

APA Litigation: How to Take a USCIS Denial to Federal Court - Recording (CLE Included)
Live Event Date: 9/9/2021
Format Length CLE Eligible
Web Seminar 90 min. Yes

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

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

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.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at cle@aila.org.

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.