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Winning Against the Odds: Successful Asylum Claims

Join our panelists as they discuss the latest updates, trends, and strategies in the affirmative and defensive asylum processes. Learn how to overcome agency investigations and delays, navigate RFIs and CFIs, and win "A-B" type cases. Get insights into dealing with difficult interviews, adjudication delays, and referrals. Explore case strategies for defensive asylum, including dealing with fake NTA dates and expedited hearings. Discover effective tactics for challenging prolonged detention, putting DHS to its burden, and preserving issues for appeal. Lastly, gain valuable insights into challenging agency actions in federal and state court, including habeas for detention and removal, motions, discovery, and naturalization.

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Winning Against the Odds: Successful Asylum Claims

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  1. Winning Against the Odds: Successful Asylum Claims Moderator: Robin Nice Panelists: Elena Noureddine Jason Corral

  2. Outline PSG Updates Trends and Updates in the Affirmative Asylum Process Overcoming Agency Investigations and Delays Trends and Updates in the Defensive Asylum Process RFIs and CFIs Questions

  3. PSG Updates Matter of A-B- Potentially affects DV cases and beyond Dicta, versus the actual holding But see Grace v. Whitaker, and subsequent USCIS guidance Strategies for winning “A-B-” type cases

  4. PSG Updates Matter of L-E-A- IS family a PSG? AG certified, but no decision (as of 2/6/19) Matter of W-Y-C-& H-O-B- Raise all PSGs before the IJ

  5. Trends and updates:affirmative asylum Dealing with difficult interviews Last In First Out Getting on the short list Grace v. Whitaker impact Adjudication delays Case strategies for dealing with delayed adjudication and referrals

  6. Overcoming agency investigations Inquiry letters AILA liaisons/problem cases Potential for mandamus cases

  7. Trends and updates:defensive asylum Neguise v. Holder (duress) Matter of E-F-H-L- (entitled to a full hearing) Matter of M-S- (bond hearings) Matter of M-A-C-O- (maintaining UAC status)

  8. Trends and updates:defensive asylum Matter of Castro-Tum (MTCs) Jurisdiction before NTA is served? Reacting to fake NTA dates Expedited hearings

  9. Trends and updates:RFIs and CFIs Grace v. Whitaker impact ‘Remain in Mexico’ policy

  10. Questions and Answers Please complete the conference evaluation: https://www.surveymonkey.com/r/AILA

  11. Trends and Tactics in Removal Defense Moderator: Julio Cortes del Olmo Panelists: Rachel M. Self Heather Yountz

  12. 1. How Recent Legal Developments Impact Your Practice

  13. Matter of L-E-A- Family: One central reason Distinguish!

  14. Matter of Castillo-Perez OUI v. Good Moral Character Interplay with Matter of Siniauskas Not settled law: Challenge! Object!

  15. 2. Bond Hearings: Trends and Strategies

  16. Reid v. Donelan and Jennings v. Rodriguez Challenging prolonged detention Calderon v. Nielsen

  17. Pensamiento v. McDonald Burden Shifting

  18. Strategies in Bond Cases Case examples

  19. Case A: Double Trouble: Arrested after release on bond

  20. Case B: Matter of Josephapplied

  21. 3. Putting DHS to Its Burden & Preserving Issues for Appeal

  22. Challenging the NTA and other DHS documents I-213 NTAs and fake dates

  23. Alternatives to Detention Amelioration of OSUP and 7-days period

  24. Where is Pereira after Bermudez-Cota Motions to Terminate & Current Trends

  25. Pleading after Pereira

  26. Preserving the Record for Appeal The Kitchen-Sink Approach: Object! Object! Rebuttals: you can do it

  27. Questions and Answers Please complete the conference evaluation: https://www.surveymonkey.com/r/AILA

  28. Challenging Agency Action in Federal and State Court Moderator: Jeannie Kain Panelists: Adriana Lafaille Emma Winger

  29. Habeas for Detention Pre-order detention Post-order detention Detention in withholding-only proceedings Jennings v. Rodriguez, 138 S. Ct. 830 (2018)

  30. Habeas for Removal Watch for jurisdictional bars Suspension clause Third country removal issues

  31. Habeas Exhaustion – appeal to BIA? Motions Discovery Mootness

  32. Other Claims APA: to set aside action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”

  33. Other Claims Mandamus: to compel agency action on cases significantly outside normal processing times Naturalization: 8 U.S.C. § 1447(b)

  34. ICE Courthouse Arrests The issues: Is it legal? Even if illegal, can anything be done? Matter of C. Doe, SJ-2018-0119 (Sept. 18, 2018).

  35. Criminal Prosecution for “Interfering” with ICE Newton District Court case Obstruction of proceedings Impeding federal officers Harboring Boston Globe article about Newton case

  36. Lunn and Reality The issue: Lunn v. Commonwealth, 477 Mass. 517, 78 N.E.3d 1143 (2017)

  37. ICE Custody Criminal Court November 2018 Memo from Chief Justice Carey – new habe procedures.

  38. 287(g) and Arrest Authority The issue: Lunnv. INA 287(g) Case: Rivas v. Hodgson, No. SJ-2017-323 (Mass.)

  39. Questions and Answers Please complete the conference evaluation: https://www.surveymonkey.com/r/AILA

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