Strategies and Tactics for Successful Immigration Appeals 2023

Why You Should Attend

Strong appellate advocacy skills are an important part of representing immigrants in removal proceedings. Changes to immigration court procedures and the composition of the Board of Immigration Appeals (BIA) and immigration bench in recent years have made appeals an especially critical part of all removal defense practitioners’ work.

Successful trial advocacy in immigration courts, now more than ever, requires attorneys to understand the basics of creating a trial record for appeal, how administrative appeals work, how to analyze an Immigration Judge’s decision for appeal, and the process for appealing a BIA decision to the U.S. Circuit Court of Appeals.

This training will provide practice considerations for creating a trial court record, the nuts and bolts of a BIA appeal, strategies for analyzing an Immigration Judge’s decision on appeal to the BIA, and an outline of the appellate process at the Circuit Court level.

What You Will Learn

After completing this program, participants will be able to:

• Create a record before the Immigration Court that will set up a successful appeal to the BIA and Court of Appeals
• Comply with BIA requirements in filing a Notice of Appeal and appeal brief
• Analyze an Immigration Judge’s oral and written decision and outline an appellate brief
• File, manage, and brief a Circuit Court appeal (“petition for review”)

Who Should Attend

All attorneys who practice before Immigration Judges and/or handle immigration appeals of Immigration Judge decisions. Participants should have a basic substantive knowledge of immigration law. This program will benefit both new attorneys who have yet to file an administrative appeal or federal petition for review as well as seasoned practitioners with appellate experience.  

 

Special Feature: Scholarships are available to attend this program.

Program Level: All levels

Prerequisites: An interest in building your appellate advocacy skills.

Advanced Preparation: None.

Strategies and Tactics for Successful Immigration Appeals 2023

Strong appellate advocacy skills are an important part of representing immigrants in removal proceedings. Changes to immigration court procedures and the composition of the Board of Immigration Appeals (BIA) and immigration bench in recent years have made appeals an especially critical part of all removal defense practitioners’ work.

Successful trial advocacy in immigration courts, now more than ever, requires attorneys to understand the basics of creating a trial record for appeal, how administrative appeals work, how to analyze an Immigration Judge’s decision for appeal, and the process for appealing a BIA decision to the U.S. Circuit Court of Appeals.

This training will provide practice considerations for creating a trial court record, the nuts and bolts of a BIA appeal, strategies for analyzing an Immigration Judge’s decision on appeal to the BIA, and an outline of the appellate process at the Circuit Court level.

What You Will Learn

After completing this program, participants will be able to:

• Create a record before the Immigration Court that will set up a successful appeal to the BIA and Court of Appeals
• Comply with BIA requirements in filing a Notice of Appeal and appeal brief
• Analyze an Immigration Judge’s oral and written decision and outline an appellate brief
• File, manage, and brief a Circuit Court appeal (“petition for review”) 

All attorneys who practice before Immigration Judges and/or handle immigration appeals of Immigration Judge decisions. Participants should have a basic substantive knowledge of immigration law. This program will benefit both new attorneys who have yet to file an administrative appeal or federal petition for review as well as seasoned practitioners with appellate experience.  

 

Special Feature: Scholarships are available to attend this program.

Program Level: All levels

Prerequisites: An interest in building your appellate advocacy skills.

Advanced Preparation: None.

Lecture Topics [Total time 00:03:30]

Segments with an asterisk (*) are available only with the purchase of the entire program.

• Opening Remarks* [00:04:46]
  Aubra Fletcher
• The BIA Appeal [01:01:55]
  Heliodoro Moreno, Anna Benvenue
• Anatomy of an Immigration Judge’s Decision [01:01:48]
  Aubra Fletcher, Katherine M. Lewis, Anna Benvenue
• Circuit Court Appeals [01:00:51]
  Trina Realmuto, Nhu-Y Ngo

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

• Complete Course Handbook
• The BIA Appeal (Outline) (2023)
  Anna Benvenue,Heliodoro Moreno
• American Immigration Council, Standards of Review Applied by the Board of Immigration Appeals, Practice Advisory (April 22, 2020)
  Anna Benvenue,Aubra Fletcher,Katherine (Katy) Lewis
• Case Study, KDH – IJ Decision and Subsequent BIA Decision
  Anna Benvenue,Aubra Fletcher,Katherine (Katy) Lewis
• Case Study Handouts: KDH
  Anna Benvenue,Aubra Fletcher,Katherine (Katy) Lewis
• National Immigration Litigation (NILA) and Children’s Immigration Law Academy (CILA), Practice Advisory, Fifth Circuit Petitions for Review (October 22, 2021)
  Trina Realmuto
• National Immigration Litigation (NILA), Practice Advisory, Judicial Review of Discretionary Relief After Patel v. Garland (November 29, 2022)
  Trina Realmuto

Presentation Material

• The BIA Appeal (PowerPoint Slides)
  Anna Benvenue, Heliodoro Moreno
• Anatomy of an Immigration Judge’s Decision (PowerPoint Slides)
  Anna Benvenue, Aubra Fletcher, Katherine M. Lewis
• Circuit Court Appeals (PowerPoint Slides)
  Nhu-Y Ngo, Trina Realmuto