Updates in Criminal Immigration Law with a Focus on the Categorical Approach

Recorded Date: 
05/02/2013
Recorded Length: 
120 minutes

This webinar will cover the latest updates in criminal immigration law, with a specific focus on the categorical approach.  We will discuss  the implications of Descamps v. United States, a U.S. Supreme Court case that is considering whether a federal court may supply a missing element of a crime, using what is called the “modified categorical approach,”  if a decision has been issued by the Court. We’ll also examine the implications of Chaidez v. U.S., a U.S. Supreme Court case involving post-conviction relief.

Presenters:

Michael K. Mehr, Founder – Law Offices of Michael K. Mehr
Michael K. Mehr is a nationally recognized expert in the field of immigration consequences of criminal convictions. He lectures widely to immigration attorneys, public defenders, and private criminal defense counsel. Michael has qualified to serve as an expert witness on the criminal immigration consequences of criminal convictions in Superior Court of California, County of Santa Cruz and County of Santa Clara. He has submitted numerous expert witness declarations about immigration and criminal law in Superior Courts throughout the State of California. Michael served as the expert witness in immigration law in the landmark California Appeals Court case of People v. Bautista (2004)115 Cal.App. 4th 229, which held that failure to defend against an aggravated felony can be ineffective assistance of counsel.  His written publications include, Defending Immigrants in the Ninth Circuit: Impact of Crimes under California and Other State Laws (Immigrant Legal Resource Center, 10th Ed. 2008), “Representing the Noncitizen Criminal Defendant,” Ch. 52, California Criminal Law Procedure and Practice, (CEB 2008), and “Vacating Convictions Resulting from Guilty Pleas Based on Ineffective Assistance of Counsel Related to Immigration Consequences,” for Sixth District Appellate Program Seminar 2005.  Michael is a member of the American Immigration Lawyers Association.

Maria Baldini-Potermin, Founder – Maria Baldini-Potermin & Associates, P.C.
Maria Baldini-Potermin has been recognized as a Leading Lawyer in Illinois since 2004.   In addition to being a frequent lecturer on deportation/removal defense, she has written extensively on the area of immigration law and crimes.  Her writings include manuals on the effects of criminal convictions for noncitizens in Illinois, Indiana, Minnesota, and Wisconsin and articles for the Indiana Defender.  She is the author of Defending Non-Citizens in Illinois, Indiana, and Wisconsin (2009), the definitive work on immigration law and crimes within the jurisdiction of the Seventh Circuit Court of Appeals.  Ms. Baldini-Potermin is also the update editor for Immigration Law & Crimes, by the National Immigration Project of the National Lawyers Guild, Dan Kesselbrenner, and Lory Rosenberg.  She is the author of Immigration Trial Handbook (Thomson West) and the author of a chapter in A Judges Guide to Immigration Law in Criminal Proceedings (American Bar Association, 2004).  She is active in the American Immigration Lawyers Association (AILA) on the local and national levels, and she has served on several committees.  In July 2010, Maria was the recipient of AILA's Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law.  Maria serves as a member of the Board of Directors of the National Immigration Project of the National Lawyers Guild.

Moderator:

Angie Junck, Supervising Attorney – Immigrant Legal Resource Center (ILRC)
Angie coordinates the Immigrant Youth Project to provide advocacy on behalf of immigrant youth in order to improve their lives and ensure their fair and humane treatment in the United States. She provides trainings, technical assistance, and written materials to immigrant youth and their families, as well as to decision makers and service providers, such as social workers, dependency attorneys, juvenile justice officials, legislators, juvenile and family court judges, and community based groups and advocates. Angie is an author of various ILRC publications, including A Guide for Immigration Advocates, Defending Immigrants in the Ninth Circuit, and Naturalization and U.S. Citizenship.