Preserving and Asserting Due Process Violations before EOIR and the Circuit Courts
| Live Event Date: 03/16/2023 | ||
|---|---|---|
| Format | Length | CLE Eligible |
| Web Seminar | 90 min. | Yes |
The U.S. Circuit Courts of Appeals have ruled that immigration judges (IJs) and the Board of Immigration Appeals (BIA) committed significant procedural errors that negatively impacted respondents’ due process rights and their ability to receive a fundamentally fair hearing. For example, circuits recently have held that the Executive Office for Immigration Review (EOIR) erred in many ways, including denying reasonable continuance requests, failing to follow its own precedent, failing to grant motions to reopen per Niz-Chavez v. Garland and Pereira v. Sessions, failing to advise pro se respondents of available relief, and more.
Featured Topics:
- Overview of successful due process challenges in circuit courts
- How to frame the argument as a constitutional issue, giving circuit courts jurisdiction
- Burden of proof: Showing that a violation occurred and how that violation affected respondents’ claim for relief
- Developing the record at the trial level to ensure due process/constitutional claims are protected
- How to raise the issues on appeal to the BIA
- Filing an EOIR complaint against the IJ
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.
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.
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- 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.
Susan G. Roy (DL), AILA EOIR Liaison Committee, Princeton Junction, NJ
Susan G. Roy began her legal career through the Department of Justice Attorney General Honors Program, as an Attorney Advisor at the Board of Immigration Appeals. She became an Assistant Chief Counsel and National Security Attorney for Immigration and Customs Enforcement. From 2008-2010, she served as an Immigration Judge in Newark, NJ. Sue then entered private practice and is a solo practitioner specializing in complex immigration cases.
Sue is the Immediate Past Chair of the NJ Chapter of the American Immigration Lawyers Association (AILA) and is a past Chair of the NJ State Bar Association (NJSBA) Immigration Law Section. Sue is a member of the Round Table of Former Immigration Judges and has been a speaker and/or moderator on CLE panels for AILA national, regional and local conferences, as well as for the NJSBA, NYSBA, and Federal Bar Association. She is an Adjunct Professor at Rutgers University Law School, Newark, where she teaches Asylum Law.
Rekha Sharma-Crawford, AILA Board of Governors/Removal Defense Section Steering Committee/Amicus Committee, Kansas City, MO
Rekha Sharma-Crawford is a founding partner of Sharma-Crawford Attorneys at Law and The Clinic at SCAL. She currently serves as Elected Director on the AILA BOG and has been active with AILA for the past 20 years in a variety of capacities, including speaker, author, editor, and mentor. In 2021, Rekha was awarded AILA’s Edith Lowenstein Memorial Award. She is the author of her children’s book Aaliyah the Brave, Empowering Children Coping with Immigration Enforcement.
Joshua Altman, San Diego, CA
Josh Altman worked in the Department of Justice, Executive Office for Immigration Review’s immigration courts, Board of Immigration Appeals, and front office for nearly a decade before moving to private practice in 2018. He brings an extensive knowledge of agency decision-making practices and substantive law and applies his civil litigation and appellate advocacy skills to solving complex immigration matters.
Mary Georgevich, Chicago, IL
Mary Georgevich is a senior litigation attorney with the Federal Litigation Project at the National Immigrant Justice Center. Mary is also an adjunct clinical professor with the Federal Immigration Litigation Clinic at the University of Minnesota’s Binger Center for New Americans. Mary received her JD from the University of Minnesota (2018).