Recently, the Ninth Circuit, the BIA, and the Supreme Court have published decisions that make it easier for an immigrant to qualify for relief from removal, despite criminal convictions. This interactive training will cover how to prove that your client is statutorily eligible to apply for relief. We will focus on three applications: LPR cancellation, § 212(h) relief, and the former § 212(c) relief. In each case, we will review the basics and then move to recent developments and emerging defense strategies.
Some examples of topics include:
● Update on when the seven-year clock starts and stops for LPR cancellation
● How the Supreme Court’s decision in Judulang expands who can apply for the former § 212(c) waiver
● When the LPR bar to applying for § 212(h) does not apply to LPRs
● Update on burden of proof issues, and why the government still bears the burden of proving that a conviction is a bar to relief
● Checklist to spot eligibility for relief
Presenters:
Kathy Brady, ILRC Senior Staff Attorney
Her expertise includes the immigration consequences of criminal convictions; issues affecting immigrant children and mixed families; immigration consultant and consumer fraud; family immigration; and trial skills. She is the primary author of ILRC's Defending Immigrants in the Ninth Circuit (formerly California Criminal Law and Immigration), and for many years was co-author of the section on defending noncitizens in the CEB manual, California Criminal Law: Procedure and Practice. She is a co-author of the Arizona Quick Reference Guide to Immigration Consequences of Convictions, and also the author of the California Reference Guide. She is a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. Kathy authored briefs in key Ninth Circuit cases on immigration and crimes, and argued Lujan-Armendariz v. Ashcroft. In 2007, she received the Carol King award for advocacy from the National Immigration Project of the National Lawyers Guild. She is currently a Commissioner to the ABA Commission on Immigration.
Erin Quinn, ILRC Staff Attorney
