Results

This webinar will highlight an innovative pro bono model that ensures every immigrant has their full due process rights protected and no person is deported on the basis of an unconstitutional conviction. Led by Rose Cahn from the Immigrant Legal Resource Center and Josh Gresham from Latham & Watkins, this training will describe the Immigrant Post-Conviction Relief Project and how the nonprofit and firm partnership has brought essential relief to hundreds of immigrant clients who would face certain deportation without it.  This will be of particular interest to nonprofit immigrant legal services providers across the country, as well as to any law firms interested in engaging in a cutting-edge pro bono practice.

Location: University of San Francisco School of Law, 2130 Fulton Street, San Francisco, CA 94117

Location: Southwestern Law School, 3050 Wilshire Blvd., Los Angeles, CA 90010

Level: Intermediate / AdvancedThe field of post-conviction relief is constantly changing. Tune in to hear about newly enacted state laws, new case developments, and new advice for immigrant post-conviction relief practitioners. This webinar will be geared to people who already have some exposure to post-conviction relief.PresentersRose Cahn, Senior Staff Attorney - ILRCRose Cahn is a nationally recognized expert in the field of immigrant post-conviction relief and oversees the ILRC’s pro bono Immigrant Post-Conviction Relief Project.  With over 15 years of experience working in the field of immigrant rights, and a special focus on the intersection of criminal and immigration law, Rose is a frequent speaker and trainer on the subject.  Rose has co-authored several manuals including, California Post-Conviction Relief for Immigrants (Tooby) and Helping Immigrant Clients with Proposition 47 and Other Post-Conviction Legal Options: A Guide for Legal Service Providers (Californians for Safety and Justice).  Rose spearheads federal, state, and local advocacy to help advance the rights of immigrants with criminal convictions and assist providers in understanding how to better serve this population.  She is one of the principle drafters of California Penal Code § 1473.7, a landmark piece of legislation that created a legal mechanism to vacate unconstitutional convictions. She serves on the Advisory Committee of the National Clean Slate Clearinghouse and is on the Steering Committee of the American Immigrant Representation Project.

Level: IntermediateThis webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.

Level: All

In this webinar, you will learn how to effectively vacate convictions in criminal court to meet the required Pickering standard of “legal invalidity”. We will discuss whether recent resentencing laws and vacaturs enacted for victims of human trafficking and domestic violence meet the Pickering standard. Lastly, we will discuss how to effectively defend your vacatur against attacks by ICE and DHS.

California Post-Conviction Relief for Immigrants: How to Use Criminal Courts to Erase the Immigration Consequences of Crimes guides advocates through how to use criminal courts to erase or mitigate the immigration consequences of convictions. This accessible resource provides beginner practitioners with a clear introduction to post-conviction relief and provides experienced advocates with techniques and strategies to improve their practice using new legal tools.

This manual includes everything that a practitioner needs to know about California post-conviction relief, including how to identify when an individual may benefit from post-conviction relief, how to obtain copies of court records, choosing a vacatur vehicle, negotiating with opposing counsel, demonstrating equities, successfully litigating your case, and defending your victory in immigration court. This guide highlights the new and evolving landscape of post-conviction relief in California, discussing recent legislative reforms and how to use them to erase and mitigate the immigration consequences of crimes.

The appendix contains practical tools for every provider including post-conviction relief screening questionnaires and model motions, orders, declarations, and much more. Though this manual focuses on post-conviction relief vehicles available in California, the strategies and suggestions are applicable to post-conviction relief practices across the country.

Since the federal government has failed to provide immigration reform, often times the only way to prevail in immigration court is to vacate your client’s prior criminal conviction or sentence to avoid deportation or to render your client eligible for some type of relief from removal. In this webinar, you will learn how to effectively vacate convictions in criminal court to meet the required Pickering standard of “legal invalidity”. We will take a deep dive into what constitutes “prejudicial error” pursuant to recent case law. In addition, we will discuss how to use the new resentencing laws and vacaturs enacted for victims of human trafficking and domestic violence to also help our noncitizens. Lastly, you will learn best practices to defend your vacatur in immigration court.