DAY THREE: August 26, 2022 | 9:00am - 12:30pm ET
09:00am to 10:00am
Asylum Updates: This panel will cover law, policy, and procedure. From social group membership to domestic violence, illegal armed groups, framing political opinion, translators, evidence, backlogs and expediting.
- AG vacaturs, new decisions, what issues are on the horizon?
- Federal court asylum updates
- Processing tips with the Asylum Office
- New regulations
Speakers:
Randolph McGrorty, Catholic Legal Services Executive Director (Miami, FL)
BIO
Miriam Acosta-Castriz, Secretary, AILA S. Florida Chapter (West Palm Beach, FL) DL
BIO
Victoria Neilson, National Immigration Project of the National Lawyers Guild Supervising Attorney (New York, NY)
BIO
10:00am to 10:15am (15 minute break)
10:15am - 11:15am
Everything Waivers!: This panel will provide an overview of waivers for adjustment of status and in the immigration court, and focus on new case law and important procedures.
- I-601A, the provisional waiver for immigrant processing: proper timing for filing after the approval, and while at the NVC; combining with the I-212; best policies & winning arguments
- INA § 212(h), with adjustment of status at USCIS; winning arguments, how to prepare a successful evidentiary package and memo
- INA § 212(h), in immigration court; stand alone waivers, with adjustment, best practices, LPR bars to re-adjustment
- Cancellation of Removal for LPRs under INA § 240A(a): who is eligible? The bars. How to prepare a winning package.
Speakers:
Alexandra Friz-Garcia, AILA ICE-Enforcement Removal Operations Committee (Miami, FL) DL
BIO
Sui Chung, AILA National/ICE Joint Liaison Committee Chair (Miami, FL)
BIO
Rebeca Sanchez-Roig, Former Deputy Chief Counsel (Miami, FL)
BIO
Bridgette Bennett, Vice Chair, AILA Central Florida Chapter, Vice Chair, AILA National’s Innovation & Tech Committee (Groveland, FL)
BIO
11:15am-11:30am (15 minute break)
11:30am - 12:30pm
Crimmigration! Drafting Successful Motions to Dismiss: This panel will discuss the categorical approach and other important analyses, including divisible statutes, the modified categorical approach, a circumstance specific approach, and realistic probability test. This panel will seek to highlight examples of the above and illustrate how to draft a successful motion to dismiss the charge in immigration court based on actual Florida criminal statutes and real-life convictions.
- Burdens of Proof, Arriving aliens
- Categorical Analysis begins with divisibility: Florida’s Theft statute
- Least Culpable Conduct: Florida’s Trafficking statute
- Limiting Modified Categorical Approach to record of conviction: Poss. w/ intent to s/m/d
- Circumstance Specific Approach and Non-elemental facts: domestic violence, child abuse
- Realistic Probability Test: Cocaine and the circuit split
Speakers:
John Gihon, former Chapter Chair for the AILA Central Florida Chapter (Orlando, FL)
BIO
Michael Vastine, Professor and Clinic Director, St. Thomas University (Miami, FL)
BIO
Linda Osberg-Braun, former federal PD and Deputy Chief Counsel ICE (Miami, FL)
BIO