Immigration Practice: Circuit Court Petitions for Review 2024

Why You Should Attend

United States Courts of Appeals are typically the last stop for immigration cases, after a removal order from the Board of Immigration Appeals (BIA), a decision by the Department of Homeland Security (DHS), or a BIA denial of a motion to reopen or reconsider. The Circuit Courts also publish numerous precedential decisions addressing immigration law each year. Understanding the review standards and procedures that govern Circuit Court practice is crucial to creating a good record before an Immigration Judge and preserving arguments on direct appeal to the BIA. It is also necessary for the successful resolution of noncitizens’ cases once they reach the Circuit Court level. This training will cover strategies for analyzing BIA decisions and delve into jurisdictional issues, scope and standards of review, oral argument skills, and alternative routes to case resolution. There is no “prerequisite” for this training, though it will build upon last year’s “Strategies and Tactics for Successful Immigration Appeals,” which remains available on-demand.  

What You Will Learn

After completing this program, participants will be able to:

• Analyze BIA decisions and improve skills for writing briefs.
• Challenge common legal errors in BIA decisions.
• Recognize the various scope and standards of review that govern immigration petitions for review.
• Navigate jurisdictional rules. 
• Implement key doctrines that are specific to review of agency decisions. 
• Present effective oral arguments. 
• Understand options for alternative routes to case resolution, including mediation, administrative closure, and prosecutorial discretion.

Who Should Attend

This training is designed for attorneys who practice before the immigration courts, BIA, and/or who litigate petitions for review of administrative agency decisions. Participants should have a basic substantive knowledge of immigration law. This program will benefit both new attorneys who have yet to file a petition for review with a Circuit Court as well as seasoned practitioners with such experience.

Special Feature: Scholarships are available to attend this program.

Program Level: All Levels.

Prerequisites: An interest in building your immigration appellate practice skills.

Advanced Prep: None.

Segments with an asterisk (*) are available only with the purchase of the entire program.

• Opening Remarks* [00:02:43]
  Anna Benvenue
• Scope and Standards of Review, Jurisdictional Issues, and Other Nuts and Bolts [01:05:31]
  Judah Lakin, Amalia Wille
• Dissecting a BIA Decision [01:02:21]
  Matt Adams
• Alternative Routes to Case Resolution and Oral Argument [01:00:25]
  Trina Realmuto

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

• Complete Course Handbook
  
• Scope and Standards of Review, Jurisdictional Issues, and Other Nuts and Bolts (March 14, 2024)
  Judah Lakin,Amalia Wille
• Aubra Fletcher and Nhu-Y Ngo, Briefing the Case for the Circuit Court of Appeals
  Matt Adams
• Aubra Fletcher and Nhu-Y Ngo, Examples of Legal Errors Commonly Found in BIA Decisions
  Matt Adams
• Consented to Brief of the National Immigration Litigation Alliance as Amicus Curiae in Support of Petitioners, On Petition for Review of an Order of the Board of Immigration Appeals, Licurgo v. Garland, No. 22-1099 (1st Cir. 2023)
  Trina Realmuto
• Order of Court, Licurgo v. Garland, No. 22-1099 (1st Cir. 2023)
  Trina Realmuto
• United States v. Jacobson, 15 F.3d 19, No. 1856, Dkt. 93-1217 (2d Cir. 1994)
  Trina Realmuto
• Sarkar v. Garland, 39 F.4th 611, 22 Cal. Daily Op. Serv. 7199, 2022 Daily Journal D.A.R. 7094 (9th Cir. 2022)
  Trina Realmuto
• U.S. Department of Homeland Security, Memorandum, Re: Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (April 3, 2022)
  Trina Realmuto

Presentation Material

• Scope and Standards of Review, Jurisdictional Issues, and Other Nuts and Bolts (PowerPoint Slides)
  Judah Lakin, Amalia Wille
• Dissecting a BIA Decision (PowerPoint Slides)
  Matt Adams
• Alternative Routes to Case Resolution; and How to Make Effective Oral Arguments (PowerPoint Slides)
  Trina Realmuto

Why You Should Attend

United States Courts of Appeals are typically the last stop for immigration cases, after a removal order from the Board of Immigration Appeals (BIA), a decision by the Department of Homeland Security (DHS), or a BIA denial of a motion to reopen or reconsider. The Circuit Courts also publish numerous precedential decisions addressing immigration law each year. Understanding the review standards and procedures that govern Circuit Court practice is crucial to creating a good record before an Immigration Judge and preserving arguments on direct appeal to the BIA. It is also necessary for the successful resolution of noncitizens’ cases once they reach the Circuit Court level. This training will cover strategies for analyzing BIA decisions and delve into jurisdictional issues, scope and standards of review, oral argument skills, and alternative routes to case resolution. There is no “prerequisite” for this training, though it will build upon last year’s “Strategies and Tactics for Successful Immigration Appeals,” which remains available on-demand.  

What You Will Learn

After completing this program, participants will be able to:

• Analyze BIA decisions and improve skills for writing briefs.
• Challenge common legal errors in BIA decisions.
• Recognize the various scope and standards of review that govern immigration petitions for review.
• Navigate jurisdictional rules. 
• Implement key doctrines that are specific to review of agency decisions. 
• Present effective oral arguments. 
• Understand options for alternative routes to case resolution, including mediation, administrative closure, and prosecutorial discretion.

Who Should Attend

This training is designed for attorneys who practice before the immigration courts, BIA, and/or who litigate petitions for review of administrative agency decisions. Participants should have a basic substantive knowledge of immigration law. This program will benefit both new attorneys who have yet to file a petition for review with a Circuit Court as well as seasoned practitioners with such experience.

Special Feature: Scholarships are available to attend this program.

Program Level: All Levels.

Prerequisites: An interest in building your immigration appellate practice skills.

Advanced Prep: None.