[Virtual] Immigration Law Conference

The FBA Immigration Law Section is pleased to announce it’s 2021 Virtual Annual Conference. As we transition to a new administration, immigration law and policy issues are at the forefront of debate and concern for practitioners, academics, government officials, and the public. Registration includes access to more than 20 educational sessions over the course of a three-day, multi-track program taught by an experienced group of veteran practitioners and experts in the field. In our current climate of changing immigration policy and enforcement, attendees receive a unique chance to learn with and from attorneys from both inside and outside of the government in a collegial setting.

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Agenda

Wednesday, May 12

11:30 a.m. – 12:30 p.m. ET | Opening Session

Welcome Remarks – Conference Chair, Kate Melloy Goettel
Keynote Remarks – Wendy Feliz, Director – Center for Inclusion and Belonging, American Immigration Council
– “How Narratives Shape our Laws and Policies and What We Can do to Improve Them”

1:00 – 2:00 p.m. ET | Concurrent Panels

USCIS Hot Topics

In this panel discussion, FBA ILS welcomes representatives from various USCIS divisions to discuss the current state of USCIS improvements in customer service, updates on backlogs, budgets and general COVID-19 processing at service centers and field offices.  The panel will further discuss pending or upcoming changes in policies, possible expansion of online application processing, and general immigration benefit goals under the Biden administration.

• Kelli Duehning, Partner, Berry Appleman & Leiden LLP (Moderator)
• Connie Nolan, Acting Associate Director, Service Center Operations (SCOPS), U.S. Citizenship and Immigration Services (USCIS)
• Carrie M. Selby, External Affairs (EXA), U.S. Citizenship and Immigration Services (USCIS)
• A. Ashley Tabaddor, Chief Counsel, Office of Chief Counsel, U.S. Citizenship and Immigration Services (USCIS)
• Michael Valverde, Field Operations (FOD), U.S. Citizenship and Immigration Services (USCIS)

Dispatches from the Border: Updates on MPP, Family Reunification, CDC Orders, Metering, and More

The Dispatches from the Border panel will discuss the current realities that migrants face at the border. Starting with the context of recent executive orders promising broad immigration reform, the panelists will provide context about what changes have been promised, what changes have occurred, and what obstacles remain for migrants at the border. In particular, panelists will discuss the “Migrant Protection Protocols”, also known as Return to Mexico, Title 42, and the need to further document the harms encountered by migrants at the hands of immigration officials at the border.

• Linda Corchado, Director of Legal Services, Las Americas Immigrant Advocacy Center
• Rená Cutlip-Mason, Branch Chief, International and Humanitarian Affairs, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services (USCIS)
• Alexandra Miller, Managing Attorney – Border Action Team, Florence Immigrant and Refugee Rights Project

2:30 – 3:30 p.m. ET | Concurrent Panels

Taking your Case to Federal Court: Habeas, Mandamus & Petitions for Review

• Maria Andrade, Executive Director, Immigrant Justice Idaho (Moderator)
• Hon. Gustavo A. Gelpí, Chief United States District Judge, U.S. District Court for the District of Puerto Rico
• Marc Prokosch, Attorney, Prokosch Law
• Jeff Robins, Deputy Director, Office of Immigration Litigation, U.S. Department of Justice

Hot Topics in Asylum Law: Matter of A-B-, Matter of L-E-A-, and the use of Title 42

Asylum law has been in a state of flux; the previous administration made a series of sweeping policy changes, which the new administration has made clear its intention to revisit. This panel will cover these policy changes, including their status and what to expect moving forward. Given the state of the law, panelists will also offer their thoughts on the proper analysis and presentation of common claims in line with U.S. international treaty obligations.

• Lisa Koop, Associate Director of Legal Services, National Immigrant Justice Center (Moderator)
• Blaine Bookey, Legal Director, Center for Gender & Refugee Studies
• Christina Greer, Counsel to the Assistant Attorney General, Civil Division, U.S. Department of Justice
• Hiroko Kusuda, Clinic Professor, Immigration Section, Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Social Justice

4:00 – 5:00 p.m. ET | Concurrent Panels

ICE Hot Topics

• Shoba Sivaprasad Wadhia, Associate Dean for Diversity, Equity, and Inclusion, Samuel Weiss Faculty Scholar, and Clinical Professor of Law, Penn State Law (Moderator)
• Manoj Govindaiah, Legal Director, RAICES
• Claudia Valenzuela, Managing Attorney, Immigrant Legal Defense

Procedural Issues in Immigration Court: Motions to Reopen, Administrative Closure & Scheduling Orders

This panel will navigate recent procedural changes facing practitioners before the Immigration Courts. We will provide an overview of the scheduling orders and current EOIR guidance, as well as the status of and litigation related to administrative closure before the courts. The panel will also address procedural motions in front of the Immigration Court including motions to reopen, rescind and remand.

• Rebecca Kitson, Owner/Attorney, Rebecca Kitson Law (Moderator)
• Lauren McClure, Partner, Kriezelman Burton and Associates, LLC
• Trina Realmuto, Executive Director, National Immigration Litigation Alliance

Thursday, May 13

11:30 a.m. – 12:30 p.m. ET | General Session: The Path To a Diverse, Equitable, and Inclusive Legal Profession Starts with Dismantling White Supremacy and Combatting Systemic Racism

Diverse. Equitable. Inclusive. It is clear that much work remains to be done before these words describe the legal profession. The work that we – as individuals and as members of our legal institutions – need to do is sometimes less clear because we shy away from articulating the barriers to the profession’s DE&I efforts: systemic racism and white supremacy. This session will address the necessity of combating racism on an individual and systemic level and provide a forum to discuss concrete action items to dismantle white supremacy within our legal institutions.

• Alison Ashe-Card, Associate Director, Diversity & Inclusion, Wake Forest University
• Nicole Netkin Collins, Director for Law Firms, University of Colorado Law School
• Molly Stafford, Assistant Dean of Career Development & External Relations, University of the Pacific, McGeorge School of Law

1:00 – 2:00 p.m. ET | Concurrent Panels

DOS Hot Topics

• David Ware, Attorney, Ware | Immigration (Moderator)
• Julia Follick, Attorney-Advisor, U.S. Department of State
• Brianne Marwaha, Division Chief, Immigration and Employment Division, Office of Field Operations, Visa Office, Bureau of Consular Affairs, U.S. Department of State
• Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting Division, U.S. Department of State

The World is Your Oyster: Evidence in Immigration Court

This panel will cover the legal framework for assessment of evidence in immigration court and evidentiary burdens. Panelists will also discuss the role evidence plays in determining credibility and eligibility for relief, including highlighting documentary evidence, expert witnesses, and rebuttal and impeachment evidence.  Panelists will also incorporate into the presentation tips on identifying and developing potential sources of evidence.

• John F. Gossart, Executive Office for Immigration Review, U.S. Department of Justice – Retired (Moderator)
• Sabrina Balgamwalla, Assistant Clinical Professor & Director, Wayne State Asylum & Immigration Law Clinic, Wayne State Law School
• Sarah Paoletti, Practice Professor of Law & Director, Transnational Legal Clinic, Penn Law

2:30 – 3:30 p.m. ET | Concurrent Panels

BIA & Federal Court Update

This panel will provide an update on important issues decided in the past year by the Board of Immigration Appeals and federal courts. The panel will include a review of key cases decided and pending at the Supreme Court, and summarize important issues percolating in the lower federal courts. The panelists will connect how these key federal court and BIA decisions apply for immigration practitioners.

• Derek Julius, Assistant Director, Office of Immigration Litigation – Appellate Section, U.S. Department of Justice (Moderator
• Kate Melloy Goettel, Legal Director, Litigation, American Immigration Council
• Ben Winograd, Attorney, Immigrant & Refugee Appellate Center, LLC

Treaty Based Non-immigrant Visas (TN, H1B1, E-1,2,3)

This panel will provide an overview of the treaty based non-immigrant visas and outline how executive orders, travel bans and consular closures have impacted these visas. Speakers will provide guidance on the treaty based non-immigrant visas including regulations, process and procedures. Following the session, attendees will be familiar with current challenges and develop an understanding of how executive orders, travel bans and consulate closures have impacted issuance of the visas.

• Charina Garcia, Partner, WR Immigration (Moderator)
• Benjamin Brueggemann, Sr. Supervising Attorney, Global Immigration Partners
• Margaret Stock, Attorney, Cascadia Cross Broder Law Group LLC

4:00 – 5:00 p.m. ET | Concurrent Panels

Using International Conventions and Other Non U.S.-Based Law in Immigration and Federal Court

Is international law a tool in your immigration practice toolkit?  Attend this panel to find how it can be. Lauren Bartlett will introduce the sources of international law and will discuss how to and how not to use those sources in U.S. courts. Patricia Stottlemyer will present a case example of litigation challenging the Asylum Ban to illustrate how litigators can invoke international law in federal court. Curtis Doebbler will explore the use of international law in the immigration process.

• Regina Germain, Policy Advisor (Detailee), Office of Civil Rights and Civil Liberties, U.S. Department of Homeland Security – Personal Capacity (Moderator)
• Lauren Bartlett, Assistant Clinical Professor of Law, St. Louis University of Law
• Curtis Doebbler, Attorney, RAICES; Research Professor of Law, University of Makeni
• Patricia Stottlemyer, Litigation Staff Attorney, Human Rights First

5:15 p.m. ET | Newer Lawyer’s Division Virtual Happy Hour

• Join the recently formed Immigration Law Section Newer Lawyer’s Division for a complimentary virtual cocktail class and networking experience. Limited tickets available. Registration is required for attendance. Add-On to your registration at check-out!

Friday, May 14

11:30 a.m. – 12:30 p.m. ET | General Session: Climate Change & Migration Challenges

Climate migration has already begun, but national and international legal frameworks do not yet exist to address the challenge. This panel will address the root causes of climate migration, paying special attention to the connections between climate vulnerability and race and poverty.  Carolina de Abreu will discuss climate migration from the perspective of Brazilian and regional migration.  Elizabeth Keyes will examine the ways that U.S. law presently fails to address climate migration, and will look at how past and current migration programs might offer some models for response.

• Carolina de Abreu Batista Claro, Professor, International Relations, University of Brasilia
• Elizabeth Keyes, Associate Professor of Law, Immigrant Rights Clinic, University of Baltimore School of Law

1:00 – 2:00 p.m. ET | Concurrent Panels

Emerging Trends in Crimmigration

In this panel, crimmigration experts will discuss recent trends and developments regarding immigration consequences of criminal convictions and how they may affect your pending USCIS and removal cases. These include how new ICE enforcement priorities treat criminal contacts, and developments in the categorical approach, including the Supreme Court’s decision in Pereida v. Wilkinson, “realistic probability” and drug mismatch issues, as well as other hot topics from the circuit courts.

• Jennifer Keeney, Assistant Director, Office of Immigration Litigation, U.S. Department of Justice
• Helen Parsonage, Partner, EMP Law
• Andrea Saenz, Attorney in Charge, New York Immigrant Family Unity Project, Brooklyn Defender Services

National Interest Exceptions for Business Travelers and Nonimmigrant Workers in the United States

This panel will provide an overview of COVID-19 visa bans and travel bans under the Trump and Biden administrations.  Panelists will also discuss INA 212(f) travel ban litigation.  Additionally, the panelists will address strategies and provide pointers for navigating the remaining travel ban on foreign national business travelers and workers from the Schengen+ countries; Brazil; South Africa; China and Iran, including visa obtaining visa interviews, and documenting and arguing National Interest Exceptions.

• Helena Tetzeli, Partner, Kurzban Kurzban Tetzeli & Pratt (Moderator)
• Loan Huynh, Shareholder, Fredrikson & Byron P.A.
• Rebecca Mancini, Member, Clark Hill PLC

2:30 – 3:30 p.m. ET | Concurrent Panels

Litigation and Policy in a Biden World

This panel will explore the changes to policy and litigation since President Biden took office in January 2021.  Specifically, the panel will examine the various congressional bills and executive policies that have changed immigration law and enforcement. Finally, the panel will provide an overview of how these changes affected currently pending litigation, and provide a prediction for future litigation still needed under a Biden administration.  The panel will focus on the following issues: the border, criminal bars and enforcement, DACA and TPS, the Muslim ban, and family separation.

• Kate Melloy Goettel, Legal Director, Litigation, American Immigration Council (Moderator)
• Sirine Shebaya, Executive Director, National Immigration Project of the National Lawyers Guild
• Manar Waheed, Senior Legislative & Advocacy Counsel, ACLU

Update on USCIS Policies for Survivors of Domestic Violence, Human Trafficking, and Other Serious Crimes

• Laura Flores Bachman, Senior Legal Counsel, ASISTA Immigration Assistance (Moderator)
• Margot Dankner, Acting Branch Chief, Victim Protection Branch, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services (USCIS)
• Andria Strano, Acting Division Chief, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services (USCIS

4:00 – 5:00 p.m. ET | Concurrent Panels

EOIR Hot Topics

This panel will discuss significant developments and changes in the interface between the Executive Office for Immigration Review (EOIR), immigration attorneys, immigration judges, the Board of Immigration Appeals, respondents and the general public.  The panel will discuss the new, interactive EOIR Policy Manual, remote hearings, the new case flow process, the case backlogs, and many other topics that impact all who interact with segments of EOIR.

• Elizabeth “Betty” Stevens, Attorney, Poarch Thompson Law (Moderator)
• Susan Roy, Attorney, Law Office of Susan G. Roy LLC
• Robert Vinikoor, Senior Attorney, Minsky McCormick Hallagan PC

Trends in Special Immigrant Juvenile Status: Predicate Orders, Immigration Court Issues, State Legislation & Litigation Updates

• Rachel Thompson, Attorney, Poarch Thompson Law (Moderator)
• Hayley Tamburello, Attorney, The Law Office of Hayley Tamburello LLC
• Kristen Jackson, Senior Staff Attorney – Immigrants’ Rights, Public Counsel

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Registration

Registration for this program is now closed.
Attendees will receive virtual access information via email on Monday, May 10.