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Friday, May 13
[8:30 AM – 10:00 AM]
Track 1: Nuts and Bolts of Asylum Law: Strategizing a Winning Case
Asylum law can be very complex. Starting with a solid application and initial evidence is key to winning. This beginner to intermediate session is for practitioners who are newer to asylum law and want to strategize a winning case from the very foundation.
- Jeffrey Chase, Law Office of Jeffrey S. Chase (Moderator)
- Sabrina Bagamwalla, Wayne State University Law School, Asylum & Immigration Clinic
- Hiroko Kusuda, Loyola University New Orleans, College of Law
- Alexandra Rizio, Managing Partner, Policy and Partnerships, Safe Passage Project
Track 2: Armchair Discussion with CIS Ombudsman and ICE Detention Ombudsman
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) serves as a liaison between the public and U.S. Citizenship and Immigration Services (USCIS). The Office of the Immigration Detention Ombudsman is a new and independent office within the Department of Homeland Security that assists individuals with complaints about the potential violation of immigration detention standards or misconduct by DHS (or contract) personnel. Hear from each Ombudsman directly on how their office engages with each agency and how their offices assist the general public.
- Prakash Khatri, Owner, Khatri Law Firm, LLC (Moderator)
- Phyllis Coven, CIS Ombudsman, Department of Homeland Security
- David Gersten, ICE Detention Ombudsman, Department of Homeland Security
Track 3: Navigating Marriage based I-130 Petitions
This panel will discuss how to navigate a marriage based I-130 petition from the initial consultation through the interview. Specifically, the panel will review the evidence threshold to be met for marriage validity and what is necessary to meet the threshold. The panel will also address some unique issues that can arise in the marriage-based context.
- Alexandra Ribe, Partner, Murray Osorio PLLC (Moderator)
- Sumaira Khan, Esq., Partner, Sodette KM Plunkett & Associates
- Marie Nelson, Staff Attorney, Michigan Immigrant Rights Center
- Magali Suárez Candler, Attorney, Suárez Candler Law, PLLC
Track 4: Where Are We with the Categorical Approach?
The panel will include a review the basics of the categorical approach, followed by a discussion of the holdings in Pereida v. Wilkinson and Matter of Koat, and their implications for future categorical approach determinations in the immigration context. Finally, we will review new developments in the categorical approach and how they can help our clients, including a discussion of when marijuana, cocaine and other substances are not federally controlled substances and positive caselaw on the reasonable probability test.
- Helen Parsonage, Elliot Morgan Parsonage PLLC (Moderator)
- Khaled Alrabe, Senior Staff Attorney, National Immigration Project/National Lawyers’ Guild
- Kyle Barron, Staff Attorney, Brooklyn Defender Services
- Ben Winograd, Immigrant & Refugee Appellate Center, LLC
Track 5: New Trends in I-9 Audits, Worksite Enforcement, and Investigations
Wondering how ICE under the Biden administration is utilizing worksite investigations to identify suspected unauthorized workers? In this discussion designed for compliance practitioners, we’ll explore return to work after the pandemic—what is required for employers to maintain compliance after remote on-boarding, Employer-sanctions litigation—how is the Government addressing the outstanding docket of Trump-era (and prior Administration) cases, and cases of interest, third-party outcry, and E-Verify.
- Kevin Lashus, Partner, FisherBroyles LLP, (Moderator)
- Pamela Mick, Managing Principal, Partenheimer, Kinkle & Partenheimer Mick, Attorneys at Law
- Theresa Bross, Assistant Chief Counsel, OPLA-Detroit
[10:15- 11:45 AM]
Track 1: Inadmissibility & Waivers in Humanitarian Cases
Inadmissibility, and USCIS’s discretion to deny inadmissibility waivers, can be significant barriers to gaining immigration status. This panel will discuss best practices in overcoming inadmissibility, surviving discretion scrutiny, and challenging improper waiver denials.
- Ruby Robinson, Managing Attorney, Michigan Immigrant Rights Center (Moderator)
- Assma A. Ali, Managing Attorney, Law Offices of Ali & Associates, P.A.
- Esther Limb, Senior Staff Attorney, Her Justice
- Trisha Teofilo Olave, Legal Project Manager, National Immigrant Justice Center
Track 3: Dealing with NVC and DOS after Petition Approved
This panel will focus on the processing of Immigrant Visas after USCIS approves the petition. This will include a basic overview of the process, how to deal with issues to spot before processing. The panel will discuss consular processing after I-601A waivers and removal proceedings. The panel will also discuss processing at different Consulates and delays/issues in general.
- Stacy Cozart Martin, Attorney at Law, Martin Jolic and Bratton LLC (Moderator)
- Sarah K. Bazzi, Partner, Bazzi Immigration Law, PLLC
- Desiree Goldfinger, Counsel, Pryor Cashman LLP
Track 4: Hot Topics in Habeas and Border Issues Litigation
It might be accurate to say that no issue in recent US history has sparked a greater and more continuous display of legal fireworks than that of refugees and migrants seeking to cross the U.S. border in Texas, California, Arizona and New Mexico. The INA provides broad, limited guidance on how these arrivals are to be treated; but for the most part, it is up to the executive to set policies and procedures. INA Section 208(a) provides that “any alien who is physically present in the United States or who arrives in the United States [even if irregularly], may apply for asylum.” And, as recently affirmed in Zometa-Orellana v. Garland, 19 F.4th 970 (6th Cir. 2021), the US has an international obligation (known as non-refoulment) that prevents us from forcibly returning bona fide refugees to the country of persecution. However, restrictions added to the US Immigration and Nationality Act in 1996 also (arguably) provide for the automatic detention of arriving asylum seekers during the initial phase of arrival, and also allow for expedited removal.
For the past several years–and greatly exacerbated by the onset of the COVID-19 pandemic–the processing of these arrivals has varied wildly, between, and even within the different presidential administrations. We have seen forcible family separation, “Migrant “Protection” Protocols,” and (most recently) forcible health-based expulsions under Title 42. This panel will pin down the latest status of each of the most important border-litigation challenges, with an eye towards knowledge needed by the removal and family-based practitioner.
- Manoj Govindaiah, Managing Attorney, Immigrant Legal Defense (Moderator)
- Leah Chavarriah, Director of Immigration Services, Jewish Family Services of San Diego
- Elissa Steglich, Co-Director and Clinical Professor, Immigration Clinic, The University of Texas Law School
Track 5: H1B RFEs, Trends, Litigation and Alternatives
Business immigration practitioners have seen unprecedented challenges in the H-1B Specialty Occupation visa category. During this discussion, we’ll examine the new H-1B registration system and analyze the pros and cons. The panel will discuss difficult professions, H-1B RFE trends and strategies to overcome a denial including federal litigation. We will also discuss strategies for helping clients who were not selected in the lottery.
- Elaine Kimbrell, Managing Partner, Ware Immigration
- Sujata Ajmera, Member, Clark Hill PLC
- Maggie Mills Murphy, Partner, Berry Appleman & Leiden LLP
[2:15 – 3:45 PM]
Track 1: Responses to Refugee Crises
The terrible strife in Ukraine and the number of those fleeing Afghanistan highlighted the importance of Humanitarian Parole, Temporary Protected Status and creative arguments for asylum for noncitizens in the US who are unable to safely return home. This panel will cover the various remedies for those suddenly fleeing their countries due to political unrest, war or natural disaster. The panelists will expound upon the ever-changing landscape of policy and regulations and the potential for longer-term immigration solutions.
- Hon. Lori Adams, Executive Office for Immigration Review, New York Immigration Court (In Personal Capacity) (Moderator)
- Sabi Ardalan, Clinical Professor, Harvard Law School
- David W. Leopold, Partner and Chair of Immigration Group, Ulmer & Berne LLC
- Zack Albun, Staff Attorney, Afghan Legal Clinic
Track 3: Discretion and Difficult Naturalization Cases
This panel will discuss those hard to win naturalization cases and the most common issues that arise in the naturalization context. The panel will cover the key issue of good moral character along with sub-topics including issues of previous immigration history, taxes and voting, and lengthy absences from the U.S., and medical waivers. The panel will address Form N-336, requests for rehearing in naturalization and potential litigation strategies.
- Lauren Anselowitz, Partner, Harlan, York, and Associates (Moderator)
- Russell Abrutyn, Attorney, Abrutyn Law PLLC
- Christopher W. Dempsey, Of Counsel, Abel Bean Law, PA
- Rina Gandhi, Partner, Murray Osorio PLLC
Track 4: Litigating Gender and Domestic Violence-Based Asylum Claims in Courts of Appeals
June 16, 2021, Attorney General Merrick Garland issued Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) [A-B- III]. This decision vacated the effects of the two previous A-B-s, which had served to severely limit (and, by some interpretations, to de-legitimize) domestic-violence based asylum claims. In the aftermath of A-B-III, Courts of Appeals have exhibited both positive and negative reception, contributing to the continuously winding road of gender and domestic violence based asylum jurisprudence. This panel will discuss the most recent developments in the evolution of gender-based refugee status in US case law, with a particular emphasis on Circuit Court litigation.
- Dr. Alicia Triche, Sole Proprietor, Triche Immigration Appeals (Moderator)
- Deborah Anker, Clinical Professor of Law and Founder of Harvard Immigration and Refugee Clinical Program, Harvard University Law School
- Karen Musalo, Bank of America Foundation Chair in International Law, Professor & Director, Center for Gender & Refugee Studies, UC Hastings College of the Law
Track 5: Consular Processing Trends and Legal Developments
Experts in the field of consular processing, including a former Department of State Consular officer, attorneys specializing in visa processing globally will teach fellow attorneys the law and processes of consular processing. Strategic lawyering in an era where communications with consular posts are difficult will be taught. There will be an emphasis on the duty of zealous representation of clients in consular processing in an environment where many attorneys believe their representation is complete when the underlying petition is approved by USCIS. Concepts of how to navigate dual representation in consular processing matters will be discussed. The nuts and bolts of completing visa applications online and how use a visa application to make clients’ case for a visa.
- Jan Pederson, Attorney, Wright Constable and Skeen LLP (Moderator)
- Amanda Brill, Managing Attorney, Brill Immigration
- Chris Richardson, General Counsel and COO, BDV Solutions, LLC
- Kathleen Walker, Member, Dickinson Wright PLLC
[4:00 – 5:30 PM]
Track 1: Managing Your Humanitarian Case Practice and Balancing Client Demands (Ethics)
When policies change, when processing times become beyond what’s expected, when clients hear something on the news, what do you do? How to advise clients in a day and age where it seems as though nothing is predictable. This panel will also discuss ethical issues that arise when cases languish for many years. Finally, this panel will discuss issues with virtual hearings and taking virtual statements when trauma and abuse is involved.
- Rachel Thompson, Partner, Poarch Thompson Law (Moderator)
- Amy Maldonado, Owner, Amy Maldonado Attorney at Law
- Lindsey Sweet, Partner, Sweet and Paciorek
Track 2: Spurring U.S. Economic Growth through Immigrant Talent
This panel will discuss strategies for working with governmental agencies, nongovernmental economic development organizations and chambers of commerce, institutions of higher education, and companies of all sizes to recruit and retain international employees. We will highlight success programs in Michigan, sources of data and information, creative uses of existing visa categories, and the new Biden Administration STEM initiatives.
- Dan Berger, Partner, Curran, Berger & Kludt (Moderator)
- Karen Phillippi, Director, New American Integration, Office of Global Michigan
- Mo Kantner, Director of State and Local Initiatives, American Immigration Council
Track 3: I-864 – Liability for Petitioners and Joint Sponsors and Issues of Public Charge
This panel will present an overview of the requirements to meet the income threshold for Form I-864, Affidavit of Support. The discussion will include when a joint sponsor is needed. In addition, the panel will discuss the obligations and liability assumed by an I-864 signatory and the difficult choices for practitioners regarding the counseling of clients in this area.
- Mark Shmueli, Law Offices of Mark Shmueli (Moderator)
- Dallin D. Lykins, Director – Immigration Group, Lewis Kappes
- Michael E. Piston, Senior Partner, Piston & Carpenter, PC
Track 4: Legal Research in the Era of Facebook: Ethics and Best Practices for Navigating Social Media, Google and other Fast-Track Lanes of “Legal” Information
It has been said that in the land of the blind, the one-eyed man is King. What should be done when there is too much to see? We are in a new age of legal research, as informal “sources” of law, policy and information explode on an ever-moving internet kaleidoscope. How should an immigration practitioner navigate in a legal world where EOIR lists “policy” through tweets and email blasts, complex legal questions are contemplated on Facebook groups instead of in law journals, eligibility for a benefit change almost hourly due to cross-national litigation, and the nature of “legal research” seems almost impossible to pin down?
- Dr. Alicia Triche, Sole Proprietor, Triche Immigration Appeals (Moderator)
- Hon. Dorothy Harbeck (In Personal Capacity)
- Raymond G. Lahoud, Member, and Chair, Immigration Practice Group, Norris McLaughlin P.A.
- Hon. Susan Roy, Owner/Attorney, Law Office of Susan G. Roy, L.L.C.
- Roman Zelichenko, Co-Founder & CEO, Labor Less; Founder, GMI Rocket
Track 5: “Don’t Know Nothing about Science Books”: F 1 Students
One of the main flows of foreign workers into the US comes from higher education: international students. Most practitioners have very little experience with this complicated nonimmigrant category. This panel will help by discussing: Visa Issuance process, SEVIS system, “Duration of Status”, violations and Unlawful Presence, Reinstatement applications, Employment Benefits: on campus, off campus, curricular practical training, optional practical training, STEM OPT: student and employer requirements, Cap-gap protection, and Workarounds if not chosen in H lottery and work authorization ending.
- David Ware, Founding Partner, Ware Immigration (Moderator)
- Scott Cooper, Senior Counsel – Practice Leader, Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP
- Scott D. Pollock, Founding Partner, Scott D. Pollock & Associates, P.C.
- Chamundeswari Gowrishankar, Assistant Director, Office of International Students and Scholars (OISS), Wayne State University
Saturday, May 14
[8:30 – 10:00 AM]
Track 1: SIJS Updates and Best Practices – Intermediate to Advanced
There have been significant updates to Special Immigrant Juvenile Status (SIJS) practice. This session will address recent trends from the AAO, the new finalized SIJS regulations, and the new deferred action policy for cases stuck in the backlog. Presenters will share practice pointers to ensure and help participants put their best case forward.
- David B. Thronson, Professor of Law, Michigan State University College of Law (Moderator)
- Dalia Castillo-Granados, Director, Children’s Immigration Law Academy, American Bar Association
- Veronica T. Thronson, Clinical Professor of Law, Michigan State University College of Law
Track 2: Intersection of Policy and Litigation – A View from the Government
Litigation and courts reach deep into modern administrative states, shaping every aspect of the policymaking cycle, including agenda setting, rulemaking and implementation. The implications of all of this law and litigation are deeply contested. Some celebrate it for creating new rights, challenging entrenched power structures, and giving voice to those excluded from legislative, executive and corporate decision-making processes. Others warn of rising “juristocracy,” which engenders a host of negative policy and political consequences and undermines core democratic values. Hear from our government partners on this important, but generally mysterious, process.
- Kelli Duehning, Partner, Berry Appleman & Leiden (Moderator)
- Theresa Repede, Attorney-Advisor, U.S. Department of the State
- Ashley Tabaddor, Chief Counsel, Office of Chief Counsel, USCIS
- Jeffrey Robins, Deputy Director, District Court Section, Office of Immigration Litigation
Track 3: Issues Related to Immigrants in the Military
Immigrants serving in the US Armed Forces, or who are related to members of the US Armed Forces, are eligible for special immigration law benefits. This panel will focus on the range of these benefits and will include expert discussion of parole in place (which allows military and veteran family members to adjust their status), military naturalization, prosecutorial discretion for military-related removal cases, asylum for military members, and issues relating to deported veterans. The panel will also discuss the latest litigation around these issues, and new developments at DHS, including the new IMMVETS portal that assists deported veterans with access immigration and Veterans Administration benefits.
- Margaret Stock, Attorney, Cascadia Cross Border Law LLC (Moderator)
- James C. Wherry, Civilian Attorney, U.S. Army
Track 4: Hot Topics in Removal Defense
The past two years have generated a myriad of legal developments regarding removability and relief from removal. Likewise, legal rights in removal proceedings have emerged in this unprecedented COVID/ post-COVID landscape of video hearings, delays, and increasingly remote court procedures. This panel will discuss some of the most notable substantive legal developments in removability and eligibility for relief and review procedural due process rights as applied to current removal proceedings.
- Joshua Mikrut, Attorney, Law Offices of Josuha J. Mikrut, Esq. (Moderator)
- Bradley Maze, Attorney, Palmer & Rey Immigration Attorneys
- Michelle Mendez, Director of Legal Resources and Training, National Immigration Project of the National Lawyers Guild
- John Pratt, Partner, Kurzban Kurzban Tetzeli & Pratt
Track 5: Independents’ Day: Developments in L, E, and TN Practice
How do you get an L approval in a world where no one is a manager? This panel will address how to properly frame a case as a manager of people or manager of functions and deal with the last gusts of BAHA in a world where denial is the new normal. We will also explore hot E issues like marginality, investment amount, and type of business. Finally, those gnarly TN’s: Management Consultant, IT, and Scientific Techs: where, when, and how to process?
- Michael P. Nowlan, Member and Business Immigration Unit Co-Leader, Clark Hill PLC (Moderator)
- Meghan N. Covino, Partner, Leader, Business Immigration Practice Group, Honigman LLP
- Bushra A. Malik, Shareholder, Butzel Long, Attorneys and Counselors
[10:15 – 11:45 AM]
Track 1: Trauma Informed Representation
Immigration attorneys across the country work daily to advance human rights in the legal system. Advancing these rights requires trauma-informed, cross-cultural awareness from initial intake to final adjudication. Because many humanitarian cases involve trauma survivors, this panel will cover best practices for zealously representing trauma victims while protecting against re-traumatization during the immigration process.
- Karen Crawford, Founder, Law Office of Karen J. Crawford, PLLC (Moderator)
- Terry Cody, Legal Director, Catholic Charities Archdiocese of Galveston-Houston, St. Frances Cabrini Center for Immigrant Legal Assistance
- Ana Isabel Vallejo, Co-Director and Attorney, VIDA Legal Assistance, Inc.
- Lorilei Williams, Principal Consultant, Lorilei W Consulting
Track 2: ICE Hot Topics
ICE’s mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal statutes and focuses on immigration enforcement and combating transnational crime. Listen to government speakers from the agency discuss the latest policy updates and strategic plans for 2022.
- Barry Frager, Partner, Frager Law Firm (Moderator)
- Kerry Doyle, Principal Legal Advisor, OPLA, ICE
- Francisco Madrigal, Acting Assistant Director, Enforcement and Removal Ops, ICE
Track 3: Waivers of Inadmissibility – Advanced
This panel will discuss inadmissibility waiver options for nonimmigrant and immigrant visa applicants. Specifically, the panel will review waivers for nonimmigrants handled by consular officers at U.S. embassies and consulates abroad, as well as common waivers handled by USCIS (except for unlawful presence waivers). The panel will discuss different standards to seek inadmissibility waivers and how to put together a strong waiver application.
- Tiffany Derentz, Senior Counsel, Berry Appleman & Leiden (Moderator)
- Heather Garvock, Senior Attorney, Ellis Porter, PLLC
- Carl Shusterman, Esquire, JR Immigration Law
Track 4: Mandamus Boot Camp: Litigating to Combat USCIS Delays
USCIS is exhibiting historic delays in the processing of numerous applications, especially asylum, cancellation and adjustment-based employment authorization applications/renewals, affirmative asylum applications, U visa applications, SIJS, to name just a few. Recently, the Ombudsman announced delay complaints would no longer be received by that office. This leaves mandamus as one of the only meaningful options to try and move the clock forward in hopelessly stalled cases.
- Justin Burton, Partner, Kriezelman Burton & Associates, LLC (Moderator)
- Elizabeth “Betty” Stevens, Of Counsel, Poarch Thompson Law, Former Chair, FBA Immigration Law Section
- Brad Banias, Attorney, Wasden Banias, LLC
- Kate Melloy Goettel, Legal Director of Litigation, American Immigration Council
Track 5: Do I REALLY Have to Go Home? Getting to Know Exchange Visitors
The worst surprise in an EB case: an old J visa with the two-year home residence requirement. This panel will help you deal with this issue and more.
- David Ware, Founding Partner, Ware Immigration (Moderator)
- Dan Berger, Partner, Curran, Berger & Kludt
- Janice Bianco, Manager, International Physician Services, Cleveland Clinic
- David Muusz, Assistant Director for Faculty & Staff Immigration Services, University of Michigan
[12:15 – 1:45 PM] Presented During Lunch
A Discussion with Members of BRIDGES – Building Respect In Diverse Groups to Enhance Sensitivity
BRIDGES is a successful partnership between federal law enforcement agencies and leaders in the Arab American and Middle Eastern communities in the metro-Detroit region. It is the outgrowth of an alliance formed shortly after September 11, 2001, when John Bell, then the special Agent in Charge of FBI-Detroit, and Imad Hamad, Regional Director of the American Arab Anti-Discrimination Committee, gathered government and community leaders to address backlash against the local Arab American and Middle Eastern communities. From this alliance evolved BRIDGES, which now meets on a regular basis to provide a forum to address issues of mutual concern and to foster better understanding. BRIDGES addresses issues such as border crossings, no-fly lists, charitable giving, cultural sensitivity, hate crimes, law enforcement policies and procedures, and immigration. The Detroit BRIDGES model has been touted by at least one academic who studied it as the ‘gold standard’ for law enforcement partnerships with the Arab, Muslim and Sikh Communities.
- Hon. Amiena Khan, Executive Office for Immigration Review, New York Immigration Court (In Personal Capacity) (Invited) (Moderator)
- Andrew Douglas, Assistant Director of Field Operations, U.S. Customs and Border Protection – Detroit
- Mayor Amer Ghalib, Mayor of Hamtramck
- Dawn Ison, US Attorney, U.S. Attorney, Eastern District of Michigan, U.S. Department of Justice
- Valentina Seeley, OPE Northern Region Director, ICE
- Osama Siblani, Editor, Arab American News
- Issa Shahin, Police Chief, Dearborn Police Department
Hot Topics with the Department of Labor
DOL’s Office of Foreign Labor Certification (OFLC) will give an update about its permanent and temporary labor certification programs and answer pre-submitted questions about the programs.
- Brandt Carter, Director, Atlanta Processing Center, Office of Foreign Labor Certification, U.S. Department of Labor
- Bennett Savitz, Owner, Savitz Law Offices, P.C.
- Brian Testa, Director, Division of Policy and Regulation, Office of Foreign Labor Certification, U.S. Department of Labor
- Bob White, Principal, Masuda, Funai, Eifert & Mitchell, LTD
[2:15 – 3:45 PM]
Track 1: Asylum at the Border
Panelists will cover the prevalent issues at the border and best practices for representing asylum seekers under the “Migrant Protection Protocols”. The panelists will also discuss the current state of Particular Social Group (PSG) and best practices for crafting successful PSG for asylum claims for those at the border.
- Eileen Blessinger, Blessinger Legal (Moderator)
- Karla Torres Sueiro, Supervising Attorney, ABA ProBAR
- Lauren Cusitello, Director, ABA Immigrant Justice Project (IJP)
Track 2: CBP and Port of Entry Processing Hot Topics
CBP’s Vision statement is “enhancing the Nation’s security through innovation, intelligence, collaboration, and trust” which reflects their position as the country’s largest federal law enforcement agency and their intent to operate as a threat-based, intelligence and data-driven, operationally-focused organization. Listen to government speakers on current updates as well as the latest technologies being deployed at the border and their strategic plans through 2026.
- Aimee Guthat, Attorney, Jackson Lewis P.C.
- Andrew Douglas, Assistance Director, Office of Field Operations, U.S. Customs and Border Protection (CBP)
Track 3: Ethical Issues in Immigration Practice
This panel will explore common issues for family and removal defense immigration practitioners including what happens when attorneys cannot manage their practices, and how attorneys can combat notaries and other unauthorized consultants. The panel will also look at prosecutorial discretion from an ethics perspective.
- Lisa Ellen Seifert, Principal, Seifert Law Offices (Moderator)
- Farah al-Kershan, Immigration Attorney, Al-khersan Law PLLC
- Cyrus D. Mehta, Managing Partner, Cyrus D. Mehta & Partners, PLLC
- Meghan Moore, Immigration Attorney, Avanti Law Group, PLLC
Track 4: Supreme Court and Circuit Court Updates
Federal courts have been inundated with immigration-related litigation — from petitions for review of final orders of removal to nationwide class actions that challenge Executive Orders and agencies’ policies and practices. This panel will discuss major cases before the Supreme Court of the United States and U.S. courts of appeals during the last year.
- Michael Vastine, Professor of Law, Clinical Programs Professor of Law, St. Thomas University College of Law (Moderator)
- Russell Abrutyn, Attorney, Abrutyn Law, PLLC
- Kevin A. Gregg, Partner, Kurzban Kurzban Tetzeli & Pratt
- Nick Perry, Associate Counsel, U.S. Citizenship and Immigration Services, Office of Chief Counsel (In Personal Capacity)
Track 5: Steady the Wheel: Navigating PERM in 2022
The panel will discuss how to use the new SOC codes and whether you should ever use the OES “all other” categories. You will learn how best to ethically work with your client to draft the job description and figure out the true “minimum requirements.” You will also learn what steps to take before recruitment to make sure the client is going to qualify (beneficiary documents, company financials, etc.). The panel will also discuss batch processing: internal logistics and systems, the in-house counsel labor certification experience, best practices in PERM recruitment, and Special Handling PERM applications.
- Bennett Savitz, Owner, Savitz Law Offices, P.C. (Moderator)
- Brandt Carter, Acting Deputy Administrator/Director, Office of Foreign Labor Certification, U.S. Department of Labor
- Kevin Miner, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP
- David Janklow, Member, Frost Brown Todd LLC
- Bob White, Principal, Masuda, Funai, Eifert & Mitchell, LTD
[4:00 – 5:30 PM]
Track 1: Representing Applicants for U, T & VAWA Before EOIR
This panel will discuss the skills necessary to ensure U visa, T visa and VAWA survivors are not removed before USCIS approves their petitions for status. Topics will include continuances, administrative closure, status dockets; protections under 239(e) and 8 USC 1367; and seeking alternative relief before EOIR.
- Amy Cheung, Senior Legal Counsel, ASISTA (Moderator)
- Laura Flores Bachman, Director of Legal Programs and Operations, American Bar Association, Commission on Immigration
- Sonia Parras Konrad, Owner, Law Office of Sonia Parras, PLLC
Track 3: I-751 Issues
This panel will discuss advanced issues relating to I-751s including methods and effects of termination of the conditional residence as well as renewal of I-751s in removal proceedings. Further discussion will also include the multiple types of waivers of conditional residence and strategies for using them in different circumstances. The panel will also discuss various alternatives to I-751s for conditional residents in removal proceedings.
- Nadezda Roife, Lead Attorney, Roife Law Group (Moderator)
- Sui Chung, Attorney, Immigration Law & Litigation Group
- Rupal Kothari, Attorney, Kothari Law
- Marc Prokosch, Senior Attorney, Prokosch Law LLC
Track 4: View From the Federal Bench
In this panel we invite sitting federal judges to provide wisdom, perspectives and experiences they wish to share, regarding immigration-related cases that appear on their docket. At this time, there is a backlog of more than 1.5 million pending immigration court cases. Judges will discuss the impact of this backlog on their docket, including the contours of authority judges have to address case management (such as termination and administrative closure). Judges will also provide input into the art of persuasion from their perspective, with an eye towards how counselors can develop and effectively practice empathy towards their adjudicators
- Hon. Charles Pazar (Retired) (Moderator)
- Hon. Gustavo A. Gelpi, U.S. Court of Appeals for the First Circuit
- David C. Koelsch, Executive Office for Immigration Review, Baltimore Immigration Court (In Personal Capacity) (Invited)
- Anthony Patti, United States Magistrate Judge, United States District Court for the Eastern District of Michigan
Track 5: Employer Petitions and Adjustment of Status: Will We Ever Get There?
This panel will explore current trends, wait lists, processing times, tips and tricks in Employment-Based Permanent Residency cases. The panel first will provide an update on case transfers and adjudications to outline procedures and logistics of tracking cases and amending the underlying basis to expedite adjudications. A substantive review and analysis of National Interest Waiver standards and practice suggestions will follow. Finally, when all else fails, the panel will offer a framework and resources to pursue litigation against the agency to obtain favorable case outcomes.
- Nicole Simon, Attorney, Landau, Hess, Simon, Choi & Doebley (Moderator)
- Brian Schmitt, Attorney, Hake & Schmitt
- Kyle Knapp, Attorney, Knapp Law Co LLC