January 2015 VOICE

Inter Alia 9

Practice Management 9

Whats Trending 9

GetConnected 9

Member Advantage 9

1

Practice Pointers 9

JANUARY 2015 u Issue 6.1

Overcoming Delays in District Court

on the docket

Five Things You Need to Know About DAPA

dapa

Dont Undervalue Your Immigration Services

practice management

Working with criminal defense counsel. 8

Partners in Crimecrimmigration

TABLE OF CONTENTS

Contact UsContact Us@ailanational

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


Whats Trending 9

GetConnected 9

Member Advantage 9 Contact Us


sponsor:about us:

2

Practice Pointers 9

TABLE OF CONTENTSpractice pointers

practice management

For 2015, Set Out to Achieve SMART GoalsWhen making resolutions, keep these qualities in mind: specific, measureable, attainable, relevant, and timely. 3

No Answer, No ProblemIf your district case is in a state of limbo, consider these options to get it moving. 4

Grow Your Network with AILAFree tools, such as AILAs Immigration Lawyer Search, can help you expand. 17

inter alia

member advantage

The Power of HistoryHistorical context can help you better understand your clients circumstances and make you an effective advocate. 15

GET CONNECTED

Tears, Illness, InjusticeFighting the good fight for families. 13

whats TRENDING

11

Five Things to Know About DAPA

VIDEO: Freeing Moms, Kids in Artesia 13

whats trending

Dont Undervalue the Great Benefits of Your Legal ServicesPush through the guilt and take on a fresh outlook. 7

Proving Hardship Based on Health IssuesTips to keep in mind when trying to establish extreme hardship for a qualifying relative. 6

thanks to our sponsor: Career Consulting International

Partners in Crime Working with criminal defense counsel. 8


Inter Alia 9


Whats Trending 9

GetConnected 9


uunsolicited advice won the docket wfamily immigration

sponsor:about us:

3

Practice Pointers

For New Years Resolutions, Set Out to Achieve SMART Goalsby Cletus M. Weber

As immigration lawyers begin 2015, we will make our resolutions for the year, just as others do. Unfortunately, by springtime, most of these goals will likely already have been pushed aside because they were not SMART goals. SMART is an acronym attributed to George T. Dorans published work from the early 1980s. It stands for Specific, Measureable, Attainable, Relevant, and Timely. SMART is outlined below, along with some tips for applying it to your practice goals for 2015.

SpecificBe specific by answering the following six W questions about each goal: Who: Who needs to participate? What: What do you want to accomplish? When: When do you want to meet the goal? Where: Where is this going to happen? Which: Which aspects are most important? Why: Why do you want to achieve the goal?

MeasureableMeasurability is important for two reasons. First,

as the saying goes, what gets measured gets done. Second, you can only tell whether you are actually making progress if you have a specific metric for measuring, such as dollars per year, hours per month, work-free days at home with the kids, etc.

AttainablePart of the enjoyment of setting goals is achieving them, so set goals you can achieve. If you feel compelled to set incredibly difficult goals, try also setting more reachable milestones along the way toward the ultimate goal. In other words, make incremental goals. (Also, establish a nice, but not necessarily extravagant, reward for yourself and your team for meeting the goal.)

RelevantAmong dozens of possibly important goals, focus on a

few that matter most. Relevant goals are more helpful and more likely to gain support from team members.

TimelySet specific deadlines. Vague deadlines typically yield poor results, and your long-term goals merely get pushed aside by the pressing matters of each day. Setting large goals for faraway dates is meaningless if you do not break the overall goal into pieces that need to be completed along with the wayi.e., that need to be completed now.

Overall, goal setting is similar to most business planning, in that a lot of value derives simply from having taken the time to think critically about your practice and how to make it more effective, efficient, and enjoyable. Do what it takes to make SMART goals in the first place, so you can achieve more in 2015.

CLETUS M. WEBER is co-founder of Peng & Weber, PLLC, based in Mercer Island, WA. He is a senior editor of Immigration Options for Investors & Entrepreneurs, 3rd Ed. The authors views do not necessarily represent the views of AILA nor do they constitute legal advice or representation.

Opening a New Practice: What I Wish I Knew When I Started+ LIBRARY

RECORDED


Inter Alia 9


Whats Trending 9

GetConnected 9

Member Advantage 9 Contact Us sponsor:about us:

4

Practice Pointers wunsolicited advice uon the docket wfamily immigration

No Answer, No Problem: Overcoming Delays in District Court by Bradley B. Banias

It is a common scenario: You file suit in district court. Thirty days pass. Nothing. Fifty-five days pass. Nothing. You check with the local U.S. Attorneys office to make sure service was perfected. It was. But on the 61st day, still, nothing. Your client is getting antsy. The local assistant U.S. Attorney explains that the Office of Immigration LitigationDistrict Court Section (OIL-DCS) is handling the case. You call OIL-DCS, but no one there has ever heard of it. What do you do? Your options vary. DO consider moving for a preliminary injunction. If the ongoing delay is or will cause your client irreparable harmharm beyond financial harmyou should consider a motion for a temporary restraining order or preliminary injunction. The standards for these motions are well-known: likelihood of success on the merits, irreparable harm to the petitioner without a stay, prejudice to the government, and the public interest. Seeking a stay, however, can be a double-edged sword because the court will assess the merits of your underlying claims at the outset

of the case. And if the court denies your motion for a preliminary injunction and finds that you are not likely to succeed on the merits of your claims, when you get to the merits, you will practically have to overcome this finding. That said, such a motion will get the governments attention because, in certain circumstances, the government will have only three days to respond.

DO consider serving the government with discovery requests. Generally, you must seek a court order to serve discovery if you choose to serve it before you have a discovery conference. However, if your case is exempt from initial disclosurescases under the Administrative Procedure Act are exempt from initial disclosuresnothing in the rules precludes you from serving discovery at any time. The benefit of simply serving discovery is that you do not have to file anything with the court because as a practical matter, you are giving the government a new response deadline without getting the court involved. The downside is that, generally, there is no discovery allowed in routine visa delay and denial litigation. But if you serve discovery, at a minimum, the government will have to move for a protective order, which will allow you to achieve your goal of catalyzing government action.

So, if you are stuck in limbo, awaiting a government response ... do not move for default, but consider these options instead.

AILAs Immigration Litigation Toolbox+ LIBRARY

TOOLBOX

next uwAILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


Whats Trending 9

GetConnected 9


5

Practice Pointers wunsolicited advice uon the docket wfamily immigration

DO consider affirmatively offering the government a limited extension of time to answer. This sounds crazy; I know. This may seem too nice, especially for a delayed case. But it does a couple of things. First, you engender goodwill with the government attorney who advises the client agency. Because the agency typically has the opportunity to moot out a case by simply granting a petition, goodwill can go far. Second, you limit the extension length. Typically, the government will move for an extension for either 30 or 60 days. If you offer them 10 days, you can limit or at least start negotiations over the extension length. Furthermore, if the government moves for an extension anyway and you oppose, you can explain to the court that you affirmatively offered the government 10 days in a good faith effort to resolve the dispute amicably. Courts love that.

DO NOT move for a default judgment. Although the Federal Rule of Civil Procedure 55(e) allows a court to enter a default judgment against a U.S. government agency, it is widely accepted that a court will not enter default judgment against a federal agency simply for a failure to file an answer or responsive pleading. The case law on this issue is uniform and it will require an exceptional case to get around it.

So, if you are stuck in limbo awaiting a government response to your properly filed and served complaint, do not move for default, but consider these options instead. Depending on the case, your relationship with the local U.S. Attorneys Office, and your client, you can go in like a tornado by filing a motion for a preliminary injunction or you can act as a refreshing breeze by offering an extension of time to respond. Either way, you will get the governments attention and stimulate action on your otherwise stagnant case.

BRADLEY B. BANIAS, a former attorney with DOJs Office of Immigration Litigation, is developing a nationwide, federal court immigration litigation practice at Barnwell, Whaley, Patterson and Helms in Charleston, SC. The authors views do not necessarily represent the views of AILA nor do they constitute legal advice or representation.

Federal Court Immigration Litigation Practicum + Litigating Cases in Federal Court

BUNDLE + SAVE

+ LIBRARY

Furthermore, if the government moves for an extension anyway and you oppose, you can explain to the court that you affirmatively offered the government 10 days in a good faith effort to resolve the dispute amicably. Courts love that.

AILALinkThe lighter way to conduct heavy immigration law research.

Get 24/7 access to all the resources you need ...

With none of the heavy lifting.

+ SUBSCRIBE

*Kurzbans 14th Edition coming to AILALink soon; 13th edition currently available.

vt previous AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


Whats Trending 9

GetConnected 9


6

Practice Pointers wunsolicited advice won the docket ufamily immigration

by A. Rene Pobjecky

The filing of an I-601 waiver or an I-601A provisional waiver may be the only remedy available to a client who violated INA 212(a)(9)(B) for being unlawfully present in the United States for certain periods of time. An applicant seeking a waiver must demonstrate extreme hardship to a U.S. citizen (USC) or lawful permanent resident (LPR) spouse or parent. Here are some tips to keep in mind when trying to establish extreme hardship for a qualifying relative based on health issues, among other reasons.

It is important to mine for information about the qualifying relatives medical background in detail. For example, is there a history of physical, mental, drug, or alcohol abuse? If the qualifying relative has struggled with addiction, ask if there is a risk of relapse. And do not hesitate to scan for visible scars or handicaps.

Also ask about the health of the qualifying relatives children, if any. While a child is not a qualifying relative for the unlawful presence waiver, oftentimes, his or her severe medical conditions can be imputed to the qualifying relative.

Once the ailments of the qualifying relative and/or a child have been identified, obtain supporting evidence, such as medical records and declarations from counselors, mental health providers, friends, and family members. Also, medical personnel are generally willing to provide a letter detailing an individuals diagnosis, prognosis, and treatment. Country condition reports issued by the Department of State, as well as university studies, can shed light on deplorable living conditions and limited access to medical care, both of which threaten ones health. For example, if a child suffers from asthma, include a report on pollution and air quality in the native country.

Remember that U.S. Citizenship and Immigration Services will not want to review lengthy, complex records to determine an individuals medical history. Thus, submit only the medical professionals letter, prescriptions, certain medical documents, government-issued reports, and photos. And in the absence of a letter, reports can be obtained from the Mayo Clinic or WebMD.

A. RENE POBJECKY works at Pobjecky & Pobjecky LLP in Winter Haven, FL. The authors views do not necessarily represent the views of AILA nor do they constitute legal advice or representation.

Proving Extreme Hardship for a Relative Based on Health Issues

AILAs Waivers Combo+ LIBRARY

BUNDLE + SAVE

Provisional Waivers I-601A One Year Later+ LIBRARY

RECORDED

Country condition reports ... can shed light on deplorable living conditions and limited access to medical care, both of which threaten ones health.

Changsha City, China


Inter Alia 9

Whats Trending 9

GetConnected 9


u GETTING PAID

sponsor:about us:

7

Practice Pointers 9 Practice

Management

Dont Undervalue the Great Benefits of Your Legal Servicesby Reid F. Trautz

Do you believe that many of your clients would not use your services if you charged more? How often do you discount your fee because once you meet the client, you know he or she cannot afford your full rate? Do you have an internal wrestling match with yourself each time you quote a fee because the potential client sitting in front of you can barely make ends meet?

At the end of the day, do these struggles wear you down and make you wish for less stress in your practice?

Its time to push through the guilt, end the wrestling matches, and begin with a new outlook. Its time to change the way you value your own services.

By limiting your own expectations of the value of your services, you are devaluing the benefits you provide to your clients. Stop for a minute, grab a handy client file, and look through it. When the case is completed, what will you have helped your clients achieve? A more financially stable business? Marital bliss? A better life for themselves and their families? A way

to make a living free from persecution? What is the value of the peace of mind you provide to your clients throughout the arduous obstacle course known as U.S. immigration? Now put a price on all that. Go ahead, your clients do. How much more money will they earn because of you? Can you even put a price on the happiness and relief they will feel?

So how much is that total benefit in relation to your customary feethe fee you want to charge, but often dont because of self-limiting guilt or fear? Your fee is bound to be just a small fraction of the overall benefit you helped your client obtain. Feeling better now?

Who else are you hurting with your limiting belief about the value of your services? Your firm? Your family? By breaking through the value ceiling, youve placed on your services, how much more money could you make to hire that much-needed employee? How

much more time could you spend with family or save toward your retirement if you charged clients what your services are really worth?

If your true vision is to help as many clients as possible, isnt it better to be financially prepared to run a marathon rather than a sprint? You can go much farther with your vision when you are in sound financial shape to run the full distance.

Does this mean you cant ever take a pro bono case? Of course not. But pro bono cases should be taken from your professional obligation and personal desire to give back to the community you serve, not out of guilt. A pro bono client isnt always the one who can least afford your services, but he or she may be the one who needs them the most.

No one should tell you what to charge, but it is important that you know why you charge. It makes a world of difference in your practice.

REID F. TRAUTZ is the director of the AILA Practice and Professionalism Center.

From Consultation to Contract+ LIBRARY

RECORDED

Be Well: Beating Addiction, Depression, & Compassion + LIBRARY

PODCAST

Its time to push through the guilt, end the wrestling matches, and begin with a new outlook.


Inter Alia 9


GetConnected 9


ucrimmigration wdapa

sponsor:about us:

8

Practice Pointers 9 Whats

Trending

Partners in Crime: Working with Criminal Defense Counsel by Evangeline M. Chan

In the wake of the landmark U.S. Supreme Court decision, Padilla v. Kentucky, 599 U.S. 356 (2010), which held that noncitizens had a constitutional right under the Sixth Amendment to be advised of the immigration consequences of a guilty plea, the criminal bar is now responsible for more than just criminal defense. It now has a duty to be familiar with the deportation risks of certain offenses and give accurate legal advice concerning such risks. That is a significant obligation that carries high stakes for failure to complynot only could the noncitizen be facing possible removal from the United States, but the defense attorney could be exposing him- or herself to a possible ineffective assistance of counsel claim.

next uwwAILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


GetConnected 9



sponsor:about us:

9


Trending

Positioning YourselfOnce a noncitizen is accused of a crime, the need for careful analysis of the noncitizens complete immigration and criminal history is critical to avoid or minimize adverse immigration consequences or to preserve the noncitizens eligibility for relief in any subsequent immigration proceedings. Given these high stakes, most members of the criminal bar have been educating themselves on the immigration consequences of certain pleas and arming themselves with reliable resources and tools to be able to give competent advice.

Here is where immigration attorneys come in. While there are many great resources for defense attorneys, nothing compares to the personalized attention of an experienced immigration attorney who will dedicate the time to comprehensively review a case.

Here is an example: I once received a call from a defense attorney representing a lawful permanent resident facing controlled substance offense charges in federal court. The attorney wanted to know which plea offered by the assistant U.S. Attorney should he accept or which plea he should counteroffer. He had an upcoming court date and wanted a quick response over the telephone. I explained to him that I cannot simply choose between pleas without

knowing the clients complete history. The attorney insisted he could tell me everything I needed to know and proceeded to do so over the telephone. I remained firm and the attorney finally referred the client to me for a paid consultation. After a complete review of the clients history, I saw a possible derivate citizenship claim, which, needless to say, would have rendered the issue of deciding between pleas less essential.

As immigration practitioners, our knowledge and experience is invaluable to any criminal defense attorney. We can offer strategies and solutions that one cannot devise simply by referring to a book or researching online.

In addition, there are many stages in the criminal process where an immigration attorney can offer his or her services, not just during plea negotiations. For

example, if a noncitizen learns that an Immigration and Customs Enforcement (ICE) detainer has been lodged, you can offer to advocate for his or her release despite the detainer or have the detainer lifted. Note, however, that multiple jurisdictions across the country have been refusing to honor ICE holds or are complying with them on a limited basis. Read a previous VOICE article on the topic. Learn the rules that apply in your jurisdiction so you can be prepared to advise the noncitizen and/or defense counsel.

You might offer to negotiate directly with the prosecuting attorney since you are better positioned to explain the immigration consequences of certain pleas and can argue for favorable discretion. In reviewing a clients rap sheet and history, you might identify a possible case for post-conviction reliefeither a motion to vacate judgment based on Padilla or other constitutional grounds. So, you see, there are many ways in which your services can be used even before an immigration case ripens. Selling YourselfHere are some tips on how to maximize the collaboration between you and the criminal defense attorney and become the go-to for criminal/immigration advice:

You might offer to negotiate directly with the prosecuting attorney since you are better positioned to explain the immigration consequences of certain pleas and can argue for favorable discretion.

Protecting Your Clients Who Have ICE Detainers+ LIBRARY

RECORDED

+ LIBRARY

Criminal Law Basics for the Immigration Practitioner

next wuwvtv previous AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


GetConnected 9



sponsor:about us:

10


Trending

NETWORK. Become a member of your local bar associations criminal defense committee and attend committee meetings and functions. Offer to do a presentation on the intersection of criminal and immigration law.

EDUCATE. Keep your new contacts updated by sending interesting articles or news releases relevant to this area. Keep them informed of proposed bills or new cases that may affect them.

PUBLISH. One defense attorney found me after reading an article I had published on a New York Court of Appeals case dealing with the duty of judges to warn about immigration consequences of a plea. Stay current and write a commentary or analysis of recent cases or developments in the area of criminal and immigration law.

INTAKE. Treat the noncitizens criminal case as you would any other immigration case and do a complete intake, including complete immigration and criminal history with official documents, such as the rap sheet and the FBI report. Only with all the facts in front of you can you make an accurate assessment. When you can impress defense counsel with your outside the box analysis, he or she will come back to you on other cases.

TAKE YOUR TIME. Do not feel pressured to offer advice on the spot. You must do your due diligence first. Conduct a comprehensive intake and do research if necessary. Inaccurate or erroneous advice will only hurt you, the defense counsel, and the client.

BE HANDS ON. Once you have been retained, do not rely on defense counsel to do investigative work for you. Be resourceful and do the legwork to obtain the necessary information on your own. Keep defense counsel apprised of progress so he or she knows the amount of work that goes into a case. If the client is detained, visit him or her in jail or hold a video conference. This will show the client that you are invested in the case, thereby leading to potential referrals from the client, as well.

By following some of the tips above, you will establish yourself as an expert in this complicated field and become an indispensable resource for defense counsel whenever they have a noncitizen client.

EVANGELINE M. CHAN handles all aspects of immigration and nationality law. She also teaches immigration law at CUNY Hunter College, CUNY School of Professional Studies, and for Marino Legal. The authors views do not necessarily represent the views of AILA nor do they constitute legal advice or representation.

Immigration Consequences of Criminal Activity+ LIBRARY

BOOK

Advising the Defense Bar on Crimmigration Consequences+ LIBRARY

SEMINAR

Dont base tomorrows case on

yesterdays law.

+ ORDER ORDER THE NEW 14TH ED. OF KURZBANS TODAY.

Comprehensive, Authoritative Immigration Law Analysis

vvt previous AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Inter Alia 9


GetConnected 9


11


Trending wcrimmigration udapa

The most impactful component of President Barack Obamas Immigration Accountability Executive Action will be the creation of a new program designed to offer deportation reprieves and work authorization to undocumented parents of U.S. citizens and lawful permanent residents who pass a background check and meet other requirements. Here are five things you need to know about this new program, which U.S. Citizenship and Immigration Services (USCIS) calls Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).

ITS LAWFUL. The DAPA program was carefully vetted by lawyers with the Department of Justices Office of Legal Counsel (OLC), which provides authoritative legal advice to the president and all the executive branch agencies. The OLC opinion explains that Congress has given immigration officials wide latitude in enforcing the immigration lawslatitude that the U.S. Supreme Court recently recognized in Arizona v. U.S., the case against Arizonas harsh immigration law, SB 1070. In that case, the Court stated that the broad discretion exercised by immigration officials is a principal feature of the removal system. Moreover, as the American Immigration Council previously explained, there is ample historical precedent for executive branch action on immigration matters. Since 1956, in at least 39 instances, presidents of both political parties have acted to protect families from separation and in response to foreign policy crises.

ITLL IMPACT APPROXIMATELY 4 MILLION PEOPLE. The Migration Policy Institute estimates that as many as 3.7 million undocumented immigrants potentially qualify for DAPA.

1

2

3

4

5

Five Things to Know About DAPA

Its lawful.

Itll impact approximately 4 million people.

Not all parents will qualify.

Application period hasnt even begun.

There are a lot of open questions.

by Patrick Taurel


Inter Alia 9


GetConnected 9


12


Trending wcrimmigration udapa

If a significant number of eligible individuals apply, it will mean that millions of U.S. citizen kids will finally be able to go to school without fearing that their parents will be gone when they get home.

NOT ALL PARENTS OF U.S. CITIZENS AND LAWFUL PERMANENT RESIDENTS WILL QUALIFY. Individuals will have to meet several requirements to fit within the class of people eligible for DAPA. In addition to having a U.S. citizen or green-cardholding child, individuals will have to demonstrate that they have lived in the United States since before January 1, 2010. The program is only available to individuals who were physically present in the United States on November 20, 2014, and who had no lawful status on that date. Finally, if a person falls within the new Department of Homeland Security (DHS) enforcement prioritiesa list that includes people suspected of terrorism, gang associations, certain immigration law violators, and individuals convicted of a wide array of crimesthen that person wont qualify for the program.

THE APPLICATION PERIOD HAS NOT BEGUN. USCIS is scheduled to begin accepting DAPA applications around May 19, 2015. The filing fee will be $465, which will cover adjudication costs and a required background check. The DAPA application form has

not yet been unveiled. Potentially eligible individuals may want to begin preparing for the application period by learning more about the program, saving up for the application fee, and gathering documents like passports or other identification, kids birth certificates, and records showing residence in the United States since before January 1, 2010, up to the present. Individuals who are approved will receive deferred action and work authorization for three years. Even though the application period has not begun, DHS has been instructed not to detain or deport eligible individuals.

THERE ARE LOTS OF OPEN QUESTIONS. Some individuals will clearly be good candidates for DAPA while others wont. But there are plenty of gray areas. For example, will the agency consider the adoptive or step-parents of U.S. citizens and green-card holders to be eligible? How much evidence will be required to demonstrate that a person continuously resided in the United States since before January 1, 2010? Even more fundamentally, how will continuous residence be defined? These are some of the many policy questions the agency will have to grapple with between now and the initiation of the application period.

PATRICK TAUREL is a legal fellow with the American Immigration Council.

Late-Breaking Podcast on the 2014 Executive Actions (FREE)+ LIBRARY

PODCAST

AIL

A

Arabic Ahlan wa sahlan Burmese Kyo-so-ba-thi Chechen marsha dogheela Chinese Huanying guanglin Danish Velkommen Dutch Hartelijk welkom Dutch Welkom English Welcome Esperanto Bonvenu Estonian Teretulemast Finnish Tervetuloa French Soyez la bienvenue Gaelic Failte German Herzlich Willkommen Hawaiian Aloha E Komo Mai Hebrew Baruch haba Indonesian Selamat datang Italian Benvenuti Japanese Irasshaimase Maltese Merhba Norwegian Velkommen Persian Khosh amadid Polish Serdecznie witamy! Portuguese Bemvindos Russian Dobro pozhalovat Slovenian Dobrodosli Spanish Bienvenida Swedish Valkommen Tibetan Tashi Delek Ukranian Laskavo prosimo Urdu Khosh amadid Vietnamese Kinh Chao Quy Khach Welsh Croeso cynnes Arabic Ahlan wa sahlan Burmese Kyo-so-ba-thi Chechen marsha dogheela Chinese Huanying guanglin Danish Velkommen Dutch Hartelijk welkom Dutch Welkom English Welcome Esperanto Bonvenu Estonian Teretulemast Finnish Tervetuloa French Soyez la bienvenue Gaelic Failte German Herzlich Willkommen Hawaiian Aloha E Komo Mai Hebrew Baruch haba Indonesian Selamat datang Italian Benvenuti Japanese Irasshaimase Maltese Merhba Norwegian Velkommen Persian Khosh amadid Polish Serdecznie witamy! Portuguese Bemvindos Russian Dobro pozhalovat Slovenian Dobrodosli Spanish Bienvenida Swedish Valkommen Tibetan Tashi Delek Ukranian Laskavo prosimo Urdu Khosh amadid Vietnamese Kinh Chao Quy Khach Welsh Croeso cynnes Arabic Ahlan wa sahlan Burmese Kyo-so-ba-thi Chechen marsha dogheela Chinese Huanying guanglin Danish Velkommen Dutch Hartelijk welkom Dutch Welkom English Welcome Esperanto Bonvenu Estonian Teretulemast Finnish Tervetuloa French Soyez la bienvenue Gaelic Failte German Herzlich Willkommen Hawaiian Aloha E Komo Mai Hebrew Baruch haba Indonesian Selamat datang Italian Benvenuti Japanese Irasshaimase Maltese Merhba Norwegian Velkommen Persian Khosh amadid Polish Serdecznie witamy! Portuguese Bemvindos Russian Dobro pozhalovat Slovenian Dobrodosli Spanish Bienvenida Swedish Valkommen Tibetan Tashi Delek Ukranian Laskavo prosimo Urdu Khosh amadid Vietnamese Kinh Chao Quy Khach Welsh Croeso

+ REGISTER

Get free CLE credits and network with your peers at AILA Nationals office in Washington, D.C.!

Why Spend the Day with Us? Discounted AILA resources Case resolution strategies Trainings on AILAs

new website and AILALink Law student mentoring& more!

Dont miss out on this event! registration is free!


Inter Alia 9


Whats Trending 9


u pro bono project

sponsor:about us:

13

Practice Pointers 9 Get

Connected

follow AILA: LinkedInFacebook Twitter YouTube

u

Helping to free moms and kidsAILA member and Artesia Pro Bono Project volunteer Lisa Laurel Weinberg discusses representing and winning a mothers asylum case in the multi-part series, Helping Free Moms and Kids from Artesia. For even more on-the-ground experiences, check out AILAs YouTube channel.

Artesia: Through the Tears, Illness, and Lack of Due Process

by Heather Majam

Ive volunteered at Artesia not once, but twice, and I still want to return. My time there was one of my lifes most difficult yet amazing experiences. It was a privilege to make a difference in these womens lives and meet all of the caring volunteers.I first went in August 2014 and stayed for seven days. But in Artesia time, that felt like weeks. My days usually started by arriving at the detention center around 6:45 am and ended anywhere between 10:00 pm and midnight. When the other volunteers and I first arrived, there was a moratorium on removals because one of the detainees had chicken pox. We found out several days later that the moratorium would be lifted days earlier than expected. We were assured, however, on a Wednesday that no planes were going out until the following Monday. So you can imagine my surprise and utter disgust when I requested to see a client on Thursday afternoon, only to find that she had been removed. As a relatively new attorney, I had never experienced anything similar to that, so I didnt really know how to handle it. But since there were scores of people to see that day (I think 13 attorneys saw 60 people in one day), I had to keep going.

Secondary Trauma (FREE)+ LIBRARY

PODCAST

AIL

A

Keep informed and follow AILA!


Inter Alia 9


Whats Trending 9


u pro bono project

sponsor:about us:

14

Practice Pointers 9 Get

Connected

We would meet with clients in what was called the law library. It consisted of a big open trailer with several little tables scattered throughout the room. We saw woman after woman fleeing horrific conditions. The most difficult part was knowing that they were still facing awful conditions, but now at the hands of the U.S. government. Apart from their due process rights having been trampled on, their children were suffering to the point that some women simply gave up and agreed to be removed. More than one woman told me that they feared returning home, but that they could not bear to stay in Artesia any longer. And every woman I interviewed told her story with her children present, often in her lap, and some had to breastfeed right in front of Immigration and Customs Enforcement officers.

Following a lengthy and exhausting day of client interviews, reviews of negative fear determinations by immigration judges (IJs), and master calendar hearings, we would debrief at the big table to discuss the days events. And over time, the conditions at Artesia took a toll on the health of the children and the attorneys. For example, many children suffered from chronic diarrhea or fever, and, according to the mothers, the doctors answer was to give them water. I saw one child that was literally purple and limp in her mothers arms. Many of the attorneys in our group went home sick, as

well. At the last big table meeting, while sharing our experiences, many of us broke down in tears.

I went back to Artesia in September and stayed for 10 days. Another volunteer expressed it well when she said, I had unfinished business. I am so proud of what AILA has accomplished. I truly believe the government thought it could detain these women in a makeshift detention center in the middle of nowhere, with only the appearance of due process, and remove them as quickly as possible. AILA stepped up and completely changed things. Many women with negative credible fear determinations (and often negative IJ reviews) are getting new interviewsand with proper legal counsel, they are getting positive determinations. Bond went from $30,000 to as low as $1,500 in some cases.

The only reason we have been able to make a difference is because of all the volunteers. Now that Artesia is closing, we still need people to go to the facility in Karnes, TX, and the new facility opening in Dilley, TX. That is the only way this project works. I encourage everyone to take the time to volunteer. When you see the difference you can make, you will be glad you did.

HEATHER MAJAM is an attorney with the Devore Law Group, P.A. in Palm Beach Gardens, FL.

THE FIGHT ISNT OVER.AILA STILL NEEDS YOUR HELP!While the Artesia Family Residential Center has been shut down, some of the families were transferred to either the Karnes County Residential Center or the new South Texas Family Residential Center, both outside of San Antonio, TX.

We are currently recruiting volunteers through February, so act fast! Our greatest need is for Spanish-speaking attorneys who are experienced in asylum work. Join the fight at www.aila.org/beavolunteer.

+ VOLUNTEER



Whats Trending 9

GetConnected 9

Member Advantage 9 Contact Usu pass the mic

sponsor:about us:

15

Practice Pointers 9

Inter Alia

by Amelia S. McGowan

Let the history we lived Be taught in the schools So that it is never forgotten, So that our children may know it.Testimony provided to the Guatemalan Commission

for Historical Clarification

People often say that the fields of law and history are inextricably linked. I whole-heartedly agree: as lawyers, we know that laws and historical events do not exist in a vacuum; rather, each constantly influences the other. Both disciplines require strong writing and critical thinking skills, as well as the ability to synthesize a multitude of often-complicated and arcane sources. Regarding asylum law, historical context can enhance understanding of the larger forces at work in our clients circumstances, thereby helping attorneys engage in more effective advocacy.

As someone who handles a large number of Guatemalan asylum cases, I am constantly

incorporating my undergraduate and graduate history knowledge into my practice. While experts are extremely helpfuland often crucialto our clients cases, their limited role in the larger asylum process often requires us as practitioners to understand relevant history in order to best represent our clients. For that reason, my background in history influences the questions that I ask my clients

and the manner in which I do so (could my client have any particular sensitivities or vulnerabilities based on his or her identity and experiences, for example?), as well as the other resources to which I may refer my clients. Bearing in mind each clients unique situation, understanding larger historical forces often allows me to see patterns of persecution that may not be entirely evident otherwise.

Immigration Attorney Puts History Knowledge to Good Use

Despite Guatemalas many reforms since La Violencia, widespread government corruption and discrimination remain,

affecting clients who may not even remember the civil war.

AILAs Asylum Primer, 6th Ed.+ LIBRARY

BOOK



Whats Trending 9

GetConnected 9

Member Advantage 9 Contact Usu pass the mic

sponsor:about us:

16

Practice Pointers 9

Inter Alia

Young indigenous Guatemalan clients, for example, often tell me that they fear returning to Guatemala because of maras (gangs) or delincuentes (delinquents, criminals). While this information is no doubt valid and important in itself, the issue of gang violence in Guatemala is, at least in part, a legacy of state terror and persecution, most recently and notably against indigenous Guatemalans (as well as some non-indigenous Ladinos) during the Guatemalan Civil War from 1960 to 1996. While the government has, at least officially, implemented many reforms since La Violencia (The Violence), widespread and systemic government impunity, corruption, and discrimination remain, creating the perfect storm for the proliferation of gangs.

Therefore, a young indigenous Guatemalan clients expressed fear of gang activity will prompt a series of questions concerning these broader, historical

factors, including the governments inability and/or unwillingness to provide meaningful protection to indigenous communities based on historical discrimination (including the inability of many police officers and court staff to speak indigenous languages), anti-gang vigilante justice groups sometimes composed of ex-military or paramilitary members from the Civil War, and government seizure of indigenous lands, to name a few. The clients answers often demonstrate that even if he or she is too young to remember The Violence, the client is usually painfully familiar with its continuing legacies.

As immigration practitioners, particularly in the realm of asylum law, we are often required to think broadly and creatively in order to zealously represent our clients. Knowledge of the larger historical forces shaping our clients circumstances serves as a powerful tool, leading us to explore potential angles and arguments that may remain elusive after a simple interview. So embrace your inner history buff because doing so could make you a better lawyer.

AMELIA S. MCGOWAN is a solo practitioner in the historic city of Vicksburg, MI. She handles a variety of immigration and commercial law cases. The authors views do not necessarily represent the views of AILA nor do they constitute legal advice or representation.

While experts are extremely helpfuland often crucialto our clients cases, their limited role in the larger asylum process often requires us as practitioners to understand relevant history in order to best represent our clients. Particular

Social Groups+ LIBRARY

RECORDED

Preparing for Credible Fear Interviews (FREE!)+ LIBRARY

PODCAST

AIL

A

AILA Leadership Institute, New Attendee Orientation, AILA Law Student Networking Event, Exhibit Hall Grand Opening Gala, Nonimmigrant Visa OverviewAlphabet Soup Part 1, Nonimmigrant Visa OverviewAlphabet Soup Part 2, Business Immigration 101Business Makes the World Go Round, Family Immigration 101All You Need Is Love, Removal 101Through the Looking Glass, Happy Hour Q&A with AILA Authors & Experts in the, If I Had a Million DollarsFundamentals of EB-5 Investor Visas, Intermediate Blocks for the EB-5 Practitioner, Money Never SleepsAdvanced Issues in EB-5 Visa Processing, Documenting Hardship Through Effective Psychological Evaluations and Expert Testimony, Ethics of Immigration LawConflicts of Interest, Adopting a Child While Living Abroad, The Building Blocks for Successful Agency and Federal Court Appeals, Complying with USCIS Policy Memo on Adoption, How to Deal with Impossible Visa Denials and Cancellations, AILA Annual Membership Meeting, Presidents Reception, Conference Kick-Off, Presidents Installation, Keynote, Hot Topics with the AILA National Officers, The ABCs of Marriage-Based Cases, Basics of I-751s, A Primer on Immigrant Visa Processing, Waivers A to ZAn Overview of NIV and IV Waivers, I-601/I-601A Immigrant Waiver Primer, Praying for ApprovalCutting Edge Issues for Religious Workers, Ethics and Practice Management in the Digital Age, From STDs to TB to EbolaMedical Grounds of Inadmissibility, The Consular Posts Strike BackAdvanced Consular Processing Issues for Business Visas, Time-Barred Motions to ReopenTips and Tricks for Success, Happy Anniversary! 10 Years Later the PERM Process Can Still Surprise, Business in the 21st CenturyVirtual Office Challenges in PERM, Can a Typo Sink Your PERM Like the Titanic?, USCIS District Office Practice, Mock InterviewsAdvanced Marriage-Based Waiver and Naturalization Strategies, Filing a Family IV Petition AbroadNavigating the Direct Consular Filing, Behind Closed DoorsAn Insiders Perspective on the Immigration Legislative Process, Dos and Donts of Diplomats, Whos Watching?What the Government Knows About Your Client, Increasing the Efficiency and Profitability of Your Practice, Less Is MoreSolo and Small Firm Practices That Make It Big, Put the Smart Phone DownNetworking and the Art of the Schmooze, Consortium of AILA Pioneers and Luminaries, Dissecting INA 240 An In-depth Look at Removal Proceedings, To 42B or Not to 42BShould You Ever Try to Get Your Client Placed in Removal Proceedings?, Bringing the BIA into the 21st CenturyRethinking the Exceptional and Extremely Unusual Hardship Standard, Dont Put Your Client at RiskImmigration Consequences of Public Benefits, Asylum GrantedCase Not Closed, From NVC to Consular ProcessingThe Road to Success, Introduction to the Visa Bulletin (Fundamentals), Litigating I-751 Denials in Immigration Court, Thats Not What Specialty Occupation Means, Fear of ReturnAccessing Protection at the Border, Particular Social Groups, How to Win Gang-Based Asylum Claims, Arguing H-1B Cap ExemptionsIs Your Client Affiliated?, My Ever-Changing Employment, In-depth L Visa Issues for the Experienced Practitioner, Gettin Cozy with Blanket L-1 Visas, To B or Not to B? The Thin Line Between Use and Abuse of the B Category, Cant We All Just Get Along? Interagency Challenges, Top Inadmissibility Issues in Adjustment of Status, Part I: Non-Criminal Issues, Top Inadmissibility Issues in Adjustment of Status, Part II: Criminal Issues, Immigrant Waivers in Family Cases, Desperately Seeking to Keep My FamilyA Guide to Dealing with Complex Provisional Waivers, Til Death Do Us Part ... or Until the I-751/I-485 Is Approved? Consequences of a Sham Marriage Finding, Overcoming Challenging Bona Fides Issues, H-1B VisasWithin Our Grasp, but Often Out of Reach, Other Employment-Based Options for Beginners, International Man (or Woman) of MysteryThe Basics of Intracompany Transfers (L-1As and L-1Bs), PERM FundamentalsPart I, PERM FundamentalsPart II, Introduction to the Employment-Based Immigration Preference Categories, U.S. Department of State (DOS) Open Forum, U.S. Department of Labor (DOL) Open Forum, U.S. Customs and Border Protection (CBP) Open Forum, CIS Ombudsman Open Forum, E-Verify/Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) Ombudsman Open Forum, U.S. Citizenship and Immigration Services (USCIS) Open Forum, Executive Office for Immigration Review (EOIR) Open Forum, U.S. Immigration and Customs Enforcement (ICE) Open Forum, The Art of Storytelling, Mastering the Mechanics of a Removal Hearing I: Practical Pretrial Plan, Mastering the Mechanics of a Removal Hearing IIPractical Trial Plan, Fraud Investigations Gone WildStrategies at USCIS and During Removal Proceedings, Shifting Removal Defense OptionsBig-Picture Strategy and In-the-Trenches Tactics to Get There, Preparing the Record for Appeal from Day One of Your Representation, OMG, I Have an IMG! Working with International Medical Graduates, ABCs of F-1 & J-1 Visas (Fundamentals), But, I Didnt Inhale!Immigration and State Legalization of Marijuana, After the False IdentityThe Difficulties of Coming Clean, When ICE Comes KnockingDealing with ICE Audits and Beyond, A Difficult DilemmaChallenging ICE Determinations or Going to OCAHO, Advanced Issues in Worksite Compliance, AILA Annual Awards, AILA Saturday Night Party, CARRP and TRIG CasesNational Security and Terrorist-Related Inadmissibility Issues, Sticky Situations and Ethical DilemmasWhat Not to Do! Developments in H-2B Practice, How to Get the Government InterestedAdvanced IGA J-1 Waivers, Naturalization 101, Protecting the VulnerableThe Basics of Acquiring Legal Status Under the Violence Against Women Act (VAWA), Wish You Were Here! K-1 and K-3 Visa Refresher, When Size MattersEntrepreneurs/Small Business Panel, E-1/E-2 Treaty VisasState of the Art Issues, Non-PERM Employment-Based Options, The Extraordinary, Outstanding, and Exceptional RFE, Getting to Extraordinary in the O and P Context for Not So Ordinary Occupations, Visa Life-Cycle for Researchers and Scientists, Building the NarrativeDrafting a Successful Petition and Getting It Right the First Time, What Business Immigration Attorneys Need To Know About Federal Court, The Business of Dealing with CBP, Wheres the Line? Ethical Considerations in Employment-Based Petitions, Challenges with Switching from NIV to IV, Outbound 101, Bring Me Home Now! Strategic Ways to Assist a Clients Return to the United States After Removal, A Stroll Down Memory Lane 212(c) and Other Old-Fashioned Remedies That Still Help, Busted! 237(a)(1)(H) Waivers in Removal Proceedings, The Latest Updates and Developments in the Categorical Approach, Stay Free! Mandatory Detention/Bonds, Protecting Your Clients Who Have ICE Detainers, Retaining and Recapturing Priority Dates in Family Cases, Admitted and Inspected for AOS? Getting In and Staying In, Leaving but Not DepartingAdvance Parole After Arrabally/Yerrabelly, Complicated Affidavit of Support Issues, Has CSPA Aged-Out?, Advanced Citizenship and Naturalization, Primer on Immigration Detainers and Bond, Primer on the Grounds of Inadmissibility and Removability, Order in the CourtRemoval Proceedings 101, Where Do I Sit and When Do I Stand? Mock Removal Hearing, Burden of Proof in Removal Proceedings, Life and Death ConsequencesCase Management in Removal Proceedings, Humanitarian Relief for Children 101 (Fundamentals), Dont Turn Your Back On Us! Representing Unaccompanied Children in Removal Proceedings, UACs, Guardianships, and Other Minor Issues, Empowering the Most VulnerableThe Ethics of Representing Non-Citizens Who Lack the Capacity to Represent Themselves, Ts and Us, Advanced VAWA Issues, Beware of Marrying a J-1!!! J-1 Family Members and Waiver of 212(e) Based on Hardship, CBP, You Have to Let Me KnowShould I Stay or Should I Go? Issues in Maintaining LPR Status, DabblingCorollary Legal Issues for the Immigration Practitioner, Lessons Learned from the Humanitarian CrisisWhere Do We Go From Here?, Oh, Cr@p! CrimmigrationA Special Session for Non-specialists, Ports of EntryBorder Ahoy!, Preparing, Defending, and Appealing Adam Walsh Cases, Stars and StripesMilitary Immigration Issues

Explore the possibilitiesjune 1720, 2015

AILAs Annual Conference on Immigration Law

AT NATIONAL HARBOR JUNE 17

20,

2015

REGISTRATION OPENS FEBRUARY 2, 2015


Inter Alia 9


Whats Trending 9

GetConnected 9 Contact Us

u network tools

sponsor:about us:

17

Practice Pointers 9 Member

Advantage

Build Your Client Base with AILAs Immigration Lawyer SearchAs a member of AILA, consider joining AILAs Immigration Lawyer Search (ILS), which is free to all members who meet the criteria outlined below. The ILS website allows potential clients, employers, and other attorneys to search for AILA attorneys who meet their specific needs in just a matter of seconds!

In 2014, more than 71,000 potential clients visited the Immigration Lawyer Search page with more than 81,000 unique searches based on the type of immigration law practiced, the highest being Deportation-Removal, averaging 910 a month.

This spectacular service for your practice is free for AILA members who meet the following criteria: Be an approved AILA member for at least two

years; Carry professional liability insurance with a

minimum of $100,000 of coverage; Have completed at least nine hours of continuing

legal education classes within the last year. Be licensed and in good standing with a state bar.

For Job Seekers and Employers, Start with the AILA Career Center AILAs Career Center offers a platform for immigration attorneys to post ads to fill vacancies with the most qualified candidates, and it allows those who are seeking employment to search a wide array of openings. All job postings are reviewed by AILA before being made available online to protect our users from illegitimate postings. Additionally, these ads can be shared with members of the Legal Job Exchange, which includes the American Bar Association and others.

The pricing is low and extremely competitive when compared with other job boards. Also, AILA members and their firms receive discounted prices. Rates depend on several factors, such as the position type advertised, the duration of the ad, and whether to disseminate the ad through the Legal Job Exchange. Nonprofit organizations can receive a promotional code for free job postings by e-mailing [email protected].

To see the job board, go to the Career Center and select the link at the top to enter as an employer or stay on the default page as a job seeker.

But the Career Center doesnt just provide a place to advertise openings. People seeking jobs in the immigration law field can avail themselves of numerous benefits, including professional rsum writing assistance, career coaching, reference checking/employment verification, and much more!

Expand Your Professional Network Using AILAs LinkedIn GroupAILAs LinkedIn group allows you to stay on top of important immigration issues and events, as well as ask burning questions, all in one place. With more than 5,000 AILA members, you can expand your network by initiating and/or contributing to discussions regarding the latest in immigration. For example, do you have a question about DACA eligibility and want input from other members? Post it on the discussion forum! Being active in this group can help you strengthen existing professional relationships and foster new ones.

Expand Your Professional Network with AILAs Free Tools

Courtesy of ERICA BRILLSON, AILA membership associate; BRANDON BERG, AILA staff assistant; and ELLIE RUTLEDGE, AILA new media associate.

Benefits of Being an AILA Member (FREE)+ LIBRARY

PODCAST

AIL

A


Inter Alia 9


Whats Trending 9

GetConnected 9



sponsor:

18

Practice Pointers 9

aila national officersPRESIDENT Leslie HolmanPRESIDENT-ELECT Victor D. Nieblas PradisFIRST VICE PRESIDENT William A. StockSECOND VICE PRESIDENT Annaluisa PadillaTREASURER Anastasia TonelloSECRETARY Marketa LindtIMMEDIATE PAST PRESIDENT T. Douglas StumpEXECUTIVE DIRECTOR Crystal Williams

PERIODICAL REVIEW BOARDDan Berger, Dagmar Butte, Susan Cohen, Neil Dornbaum, Carl Falstrom, Anna Gallagher, Jane Goldblum, Megan Kludt, Noah Klug, and Danielle M. Rizzo

COPYRIGHT 2015 AMERICAN IMMIGRATION LAWYERS ASSOCIATION. ALL RIGHTS RESERVED. No part of this publication may be reprinted or otherwise reproduced without the express permission of the publisher. AILAs VOICE features and departments do not necessarily represent the views of AILA, nor should they be regarded as legal advice from the association or authors. AILA does not endorse any of the third-party products or services advertised in VOICE, nor does it verify claims.

editorialEXECUTIVE EDITOR Tatia L. Gordon-TroyEDITOR-IN-CHIEF Crystal WilliamsLEGAL EDITOR, REPORTER Sheeba RajGRAPHIC DESIGNER Bradley AmburnGRAPHIC DESIGNER Robert Bequeaith

CONTRIBUTORSBradley B. Banias, Brandon Berg, Erica Brillson, Evangeline M. Chan, Heather Majam, Amelia S. McGowan, A. Rene Pobjecky, Ellie Rutledge, Patrick Taurel, Reid F. Trautz, Cletus Weber

PHOTO CREDITSPage 8: Illustration by Bradley Amburn; Page 11: Everett Collection/Shutterstock; Stock/Stock Editorial Imagery: Shutterstock, Thinkstock

aboutVOICE (ISSN: 21574138), published online 11 times annually, is the official member magazine of:

American Immigration Lawyers Association1331 G Street NW, Suite 300Washington, D.C. 20005Phone: 202-507-7600

Write for Voice

To the Editor

Reprint Requests

Advertise with Us

AILA Agora

CONTACT US:

@ailaNational

about us:


Inter Alia 9


Whats Trending 9

GetConnected 9


19

Practice Pointers 9u thanks to our sponsor!

Difficult Case? RFEs? Denials?LET CAREER CONSULTING INTERNATIONAL REVIEW YOUR CASES AT NO CHARGE! At CCI, we are experts at overturning RFEs and denials. We also specialize in many areas, including H-1B, EB-2, EB-3, Green Card foreign credential evaluations, 3-year degrees, exam-based degrees, CA (CPA), ICWAI, NOIDs, NOIRs, and more!

OUR CLIENTS SAY IT BETTER THAN WE CAN:

When a new potential client came in with a denial, yours was the first number I called. We filed the case and now the Green Card is on its

way. No one knows education the way you do.

... Your no-charge pre-evaluations for our firm have been very helpful in knowing which cases to file and

which cases to table.

CCI saved us by delivering an outstanding work experience evaluation including an expert

opinion letter in less than one day.

Get a FREE Analysis! Questions? Email Sheila!

www.TheDegreePeople.com 1.800.771.4723


Documents

January 2015 VOICE