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Why You Should Attend
Strong appellate advocacy skills have always been an important part of representing immigrants in removal proceedings. However, changes to immigration court procedures and the composition of the Board of Immigration Appeals (BIA) and immigration bench over the last four years have made appeals a critical part of all immigration practitioners’ work. These changes have led to an increase in the number of appeals filed both by immigrants and government attorneys following decisions from the immigration court. 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
- How to create a record before the Immigration Court that will set up a successful appeal to the BIA and Court of Appeals
- The nuts and bolts of a BIA appeal: what to file, how the timeline works, and what all BIA briefs should contain
- Multiple practical strategies for analyzing an Immigration Judge’s oral and written decision to prepare an outline of an appellate brief filed with the BIA
- The framework for a circuit court appeal, including key filings, timelines and key components of an appellate brief
- Practical guidance regarding the relevant standards of review at the BIA and Circuit Court levels
Who Should Attend
This training is designed for all attorneys who practice before Immigration Judges. 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.