In this webinar we will take the categorical approach and attempt to break it down from the basic, reliable defense tools to the more advanced questions. Topics include:
- Offenses that benefit from the categorical approach
- How to tell when the minimum conduct standard applies
- How to tell when a statute is divisible
- Divisible statutes: difficult cases
- How to use the categorical approach to establish eligibility for relief
- What documents comprise the record of conviction; update on current contested issues
Presenter: Kathy Brady, ILRC Senior Staff Attorney
Kathy has served with the ILRC since 1987 and has contributed to numerous ILRC projects. Kathy graduated from Stanford University and Boalt Hall School of Law. She taught immigration law as an adjunct professor at Santa Clara University and New College School of Law, and supervised students at the Stanford University Law School Immigration Clinic. Her expertise includes the immigration consequences of criminal convictions; issues affecting immigrant children and mixed families; immigration consultant and consumer fraud; naturalization; family immigration; legal status for immigrant victims of domestic violence through the Violence Against Women Act provisions (VAWA); and trial skills. She is the primary author of 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 also is a co-author of the ILRC's Special Immigrant Juvenile Status and the Immigration Benchbook for Juvenile and Family Courts. She has helped found coalitions and projects to address these issues, including serving as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. She authored briefs in key Ninth Circuit cases on immigration and crimes. In 2007, she received the Carol King award for advocacy from the National Immigration Project of the National Lawyers Guild, and she served as a Commissioner to the ABA Commission on Immigration from 2009-2012. Prior to working at the ILRC, Kathy was in private practice with the immigration firm of Park and Associates. She is conversant in Spanish.
Co-Presenter: Kara Hartzler, Appellate Attorney-Federal Defenders of San Diego
Kara Hartzler is currently an appellate attorney at the Federal Defenders of San Diego, Inc. Prior to joining the Federal Defenders, she served as the Legal Director and Criminal Immigration Consultant at the Florence Immigrant and Refugee Rights Project in Arizona, where she specialized in the immigration consequences of criminal convictions. She is the author of Surviving Padilla: A Defender’s Guide to Advising Noncitizens on the Immigration Consequences of Criminal Convictions. Kara has conducted more than 60 trainings for defense attorneys, prosecutors, and judges on the immigration consequences of criminal convictions and provided over 4,000 individual consultations to defenders representing noncitizens. Kara also served as an adjunct professor at the University of Arizona College of Law, where she developed a course on Crimes and Immigration. In addition, Kara has done extensive litigation and appellate work in the areas of unlawful detention, removal defense, and the deportation of United States citizens. In 2008, she testified in front of the U.S. House of Representatives Subcommittee on Immigration on the detention and deportation of citizens and other due process violations in the immigration system.
Moderator: Grisel Ruiz, ILRC Defending Immigrants Law Fellow
Grisel joined the ILRC in 2012 through a fellowship focused on the intersection between immigration law and criminal law. Prior to joining the ILRC, Grisel was a litigation association at Pillsbury Winthrop Shaw Pittman LLP. Before Pillsbury, Grisel received the Stimson Fellowship to head a project jointly housed at the Immigration Law Clinic at UC Davis School of Law and the California Rural Legal Assistance Foundation, through which she co-founded “Know Your Rights” programs at two local ICE-contracted facilities. These projects provided individual representation, pro bono referrals, pro se materials, and case consultations to hundreds of detained immigrants in removal proceedings. Grisel also provided community presentations regarding constitutional rights when confronted by law enforcement and supervised law students in removal defense cases before the Executive Office for Immigration Review. Grisel is fluent in Spanish and graduated from the University of Chicago Law School where she received the Tony Patiño Fellowship. Prior to law school she worked as a paralegal and coordinator at the National Immigrant Justice Center. She attended the University of Notre Dame for her B.A.