This webinar discusses how to use key defense strategies that are based on the “categorical approach,” an area of law that includes use of the record of conviction, divisible statutes, the “missing element” rule, and other topics. The categorical approach
is one of the most important defense tools for immigrants convicted of a crime, and expert arguments based on this law can turn what looks like certain defeat into legal victory. We also discuss recent Supreme Court, Ninth Circuit and BIA decisions, highlight basic and emerging defense strategies, and identify issues that courts currently are considering. Exercises are provided and the recording will have questions and discussions.
Kathy Brady, ILRC Senior Staff Attorney
Kathy's 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.
Holly Cooper, UC Davis School of Law and 2011 recipient of the Carol King Award for advocacy, presented by the National Immigration Project of the National Lawyers Guild
Holly is an expert in detention and bond practice and in the immigration consequences of crimes. She was formerly Senior Staff Attorney at the Florence Immigrant and Refugee Rights Project, a detention center defense project in Florence, Arizona. She is the author of the section on detention in ILRC's Defending Immigrants in the Ninth Circuit and co-author of the Quick Reference Chart and Notes on Determining Immigration Consequences of Selected Arizona Offenses.