Applications for Relief in Removal Proceedings

In this webinar, we explore arguments that a noncitizen is eligible to apply for relief from removal, such as LPR and non-LPR cancellation, the former 10-year suspension and  212(c) waiver, and  212(h) waivers, despite having a conviction that would appear to be a bar. The emphasis here is on proving that the noncitizen is statutorily eligible to apply for the relief, and not on how to present equities, etc. to win the relief. We also discuss arguing that the government has the burden of proving that a conviction under a divisible statute is a bar to 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. 

Guest Speaker:
Maria Baldini-Potermin, Founder of the immigration firm, Maria Baldini-Potermin & Associates, P.C. in Chicago.
A frequent lecturer on deportation defense, Maria is the co-author of Immigration Trial Handbook published annually by Thomson West. Her writings on immigration and crimes include 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. Maria 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 Chapter 4 in A Judges Guide to Immigration Law in Criminal Proceedings (American Bar Association, 2004).