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40TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE - FEB 28 & MAR 1, 2019

CLE Committee, AILA South Florida

Thursday, February 28, 2019 at 8:00 AM - Friday, March 1, 2019 at 4:00 PM (EST)

40TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE...

Ticket Information

Ticket Type Sales End Price Fee Quantity
AILA Member Early Bird   more info Jan 25, 2019 $485.00 $0.00
Non-AILA Member   more info Feb 25, 2019 $595.00 $0.00
Pro Bono Agency Employees   more info Jan 25, 2019 $350.00 $0.00
Electronic Materials Only Mar 1, 2019 $100.00 $0.00
AILA Member - NEW ATTORNEY   more info Feb 25, 2019 $435.00 $0.00

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Event Details

40th ANNUAL IMMIGRATION LAW UPDATE

February 28 & March 1, 2019

Join the AILA South Florida Chapter in sunny Miami Beach for our annual immigration law conference.

 

LIMITED AVAILABILITY!

INTERMEDIATE TO ADVANCED LEVEL

FLORIDA, NEW YORK, & TEXAS CLE Credit (Applied For)

 

EARLY BIRD REGISTRATION DISCOUNT FOR AILA MEMBERS WHO REGISTER ONLINE BEFORE JANUARY 25, 2019 AT 5:00 P.M.

  • Early Bird: AILA member* registering before 5:00 P.M., January 25, 2019...$485
  • *New for 2019!* “New attorney” AILA member* registering before 5:00 P.M., on January 25, 2019 (defined as any AILA member first licensed in any jurisdiction on or after January 1, 2016)...$435
  • AILA member* registering after 5:00 P.M., January 25, 2019....$555
  • Non-AILA member...$595
  • NGO/not-for-profit organization fee remission** policy, registering before 5:00 P.M. January 25, 2018...$350

*  Only registrants who are listed on AILA.org as members or pending members at the time of registration may receive AILA member rates.

 ** Fee remission is only available to attendees employed by a not-for-profit organization.  Registrants under this policy must provide proof of agency non-profit status via email, with verification of registrant’s full-time employment and a statement verifying that the registrant earns less than $60,000 annually.  Send supporting documents via email to ML@CCLSMiami.org within 5 days of registration, but no later than 5:00 P.M. on January 25, 2019.

ON-SITE REGISTRATION... Additional $100

ELECTRONIC MATERIALS ONLY...$100

INCLUDED IN THE REGISTRATION FEE:  Two continental breakfasts, two lunches, continuous coffee availability, three cocktail receptions, and conference materials.

REFUND POLICY:  Registration fees are refundable only if a refund request is received in writing BY SURFACE MAIL on or before 5:00 p.m., February 13, 2019 at the law office of Jeff Bernstein, 100 N. Biscayne Boulevard, Suite 1602, Miami, Florida 33132. Fees are non-transferable. A $100 service fee applies to refund requests.

TRANSPORTATION AND PARKING: Taxis and Lyft/Uber are accessible from all hotels to the conference location. The conference venue has excellent parking facilities and charges a modest conference parking fee.

HOTEL ACCOMMODATIONS: The committee has prepared a list of some hotels in the conference vicinity. We have found that discount hotel sites often provide better rates than the conference sponsor can obtain. But book early: Miami hotels can be busy in February and March which is high season for visitors, For a list of suggested hotels, please email Elina@srlawpa.com.

SPONSORS AND EXHIBITORS: Interested sponsors and exhibitors, please contact Jacqueline Villalba  at (305)577-3443 or jvillalba@harpermeyer.com

 

CONFERENCE PROGRAM


WEDNESDAY, FEBRUARY 27, 2019


6:00 P.M. – 8:00 P.M.

We Are Family – CONFERENCE KICK-OFF HAPPY HOUR, presented by the AILA South Florida Chapter LGBTQ Committee

 

Please join the AILA South Florida LGBTQ Committee in the heart of South Beach for a lively Happy Hour at Bar Gaythering, within the iconic Hôtel Gaythering. Come discuss the latest trends in immigration law with national experts, learn more about the South Florida’s vibrant LGBTQ community and all it has to offer, and get to know some of your fellow LGBTQ AILA members and allies.  Good times, drinks, laughter and interesting discussions…the perfect way to start a Friday night in South Beach!  This is a Safe Zone event open to all AILA members and CLE attendees.

 

Location:         The Hôtel Gaythering, 1409 Lincoln Road, Miami Beach, Florida 33139

 

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THURSDAY, FEBRUARY 28, 2019

 

7:30 A.M. - 8:00 A.M.

Registration and Continental Breakfast

 

8:00 A.M. - 8:15 A.M.

Opening Remarks

 

8:15 A.M. - 9:05 A.M.

Plenary Session:  I Won’t Back Down – Changing the Immigration Narrative in the US

 

  • The State of the Union
  • Overcoming public misconceptions
  • Conquering hate and nativism targeting immigrants
  • “Death by one thousand cuts” and the “Invisible Wall”
  • What it’s like to be an immigration lawyer in this climate and what you can do to overcome challenges in your practice
  • The Impact on US Business

 

9:05 A.M. - 9:15 A.M.

Coffee Break

 

9:15 A.M. – 10:30 A.M.

Changes in Attitude, Changes in Latitude – Advanced Adjustment of Status Issues

 

Advanced discussion on the complexity of Adjustment of Status in the current climate, including delayed processing times; constantly changing policies and practices, often unannounced and with very little warning; and how to prevail and manage client expectations.

 

  • Trends in Employment-Based interviews and how to prepare
  • Cuban Adjustment Updates
  • TPS Adjustment Strategies
  • Not so simple family-based cases and the consequences of being unprepared
  • Don’t forget about 245(i) and 245(k) and how to present your legal arguments
  • Developments in “Public Charge”

 

10:30 A.M. - 10:35 A.M.

Coffee Break

 

10:35 A.M. - 11:25 A.M.

Freedom! -  Latest Theories in Challenging Detention, post-Jennings v. Rodriguez

 

When the Supreme Court eliminated the consensus view in the Circuits that detention must have some limitations, it reopened the litigation field for constitutional challenges to the detention scheme.   This advanced panel will summarize techniques for challenging detention before the immigration judge, but focus on theories for federal court challenges, via habeas corpus petitions, for challenging prolonged and indefinite detention, as well as challenging the DHS neglect of its parole authority, some immigration courts’ failure to consider a detainees’ ability to pay a bond, and recurring other scenarios in which federal litigation may result in release. 

 

10:35 A.M. – 11:25 A.M.

I Will Survive – EB-5 Investor Perspectives

 

Join our panel as they explore and discuss the latest on the ever-developing EB5 landscape.

 

  • Source of Funds Best Practices
  • Should you conduct due diligence on a project and regional center?
  • Job Creation Risks: Not all jobs are created equal
  • Material changes: Are they all the same and when do they matter?
  • Can minors invest and apply on their own?
  • Country specific issues and emerging investor markets
  • Visa Quota Allocation: Update

 

11:25 A.M. - 11:35 A.M.

Coffee Break

 

11:35 A.M. 12:25 P.M.

Everybody Hurts - Waivers

 

Panel will focus on waivers of inadmissibility before DOS and USCIS, as well as applications of some theories before EOIR. The panel will discuss strategies for distinguishing between grounds of inadmissibility and determining and proving statutory eligibility for a waiver.  Then the group will teach how to build the winning case for the requisite level of hardship.   Coverage includes:

 

  • Reevaluating potential “fraud” allegations in contemporary cases
  • Proving extreme hardship
  • Undisclosed inadmissibility issues
  • Prior removal orders
  • Readjustment as an alternative to LPR cancellation
  • Stand-Alone 212(h) waivers
  • Appealing the denial of a waiver
  • Ethics in making decisions: counseling conservatively

 

 

11:35 A.M. 12:25 P.M

Don’t Stop Believin’ – How to Build, Maintain and Strengthen Your Practice

 

Hear panelists discuss aspects of successfully running an immigration practice not taught in law school.  Attendees will learn practice management tips from this experienced panel, unavailable in any textbook. 

 

  • Marketing and PR
  • Networking
  • Building your brand
  • Time management
  • How to get clients
  • Office technology
  • Ethical concerns in starting your own practice

 

12:25 P.M. - 2:00 P.M.

Lunch (included in registration fee)

 

  • Platinum Sponsor Spotlight, Marco Scanu from Visa Business Plans
  • Presentation of the Annual Chapter Award

 

Greatest Hits: Supreme Court, Circuit Court and Agency Cases of Significance (1:00 P.M. – 2:00 P.M.)

 

An annual highlight, the distinguished panel summarizes cases that shaped immigration practice during the prior year. 

 

2:00 P.M. - 2:10 P.M.

Coffee Break

 

2:10 P.M. - 3:25 P.M.

If I Could Turn Back Time: The Cutting Edge in Motions to Reopen

 

Sometimes the only path forward for a client is to undo past damage.   The panel will summarize the fundamentals of motions practice, but focus on the major ways to reopen proceedings, including:

 

  • Challenging jurisdiction pursuant to Pereira v Sessions
  • In absentia orders:  no notice and exceptional circumstances
  • The sua sponte authority – how to move for it, and how to fight appeals of negative cases
  • Change in law
  • Timeliness and equitable tolling (change in fact, change in law, diligence, ineffectiveness)
  • The deported client
  • Knowing the record, tips for building the case, making best use of the “one motion” limitation

 

2:10 P.M. – 3:00 P.M.

School’s Out – The J-1, F-1 and M-1 Panel

 

Learn best practices for your international students, interns and trainees to maintain proper status and keep their young immigration histories blemish free.

 

  • How to Find the Right J-1 Sponsor Organization for an Employer
  • The Role of the J-1 Sponsor and the Host
  • Pros/cons of a J-1
  • Staying in status and lawfully present for F, J and M
  • Application with USCIS or Consulate?
  • Transfer versus reinstatement – which is appropriate?

 

3:00 P.M. – 4:00 P.M.

Cafecito carts open

 

3:10 P.M. – 4:00 P.M.

Stayin’ Alive – Executives and Managers / EB-1 / L-1

 

In a time when many are shying away from this category, find new strategies to persevere.

 

  • How to Prevent Denials
  • Strategies in defining, demonstrating, and documenting executive and managerial functions
  • Doing business - how to demonstrate continuous, systematic business activity
  • Using 245(k) if L is denied; distinguishing between “unlawful presence” and “out of status”
  • Qualifying relationships and the effects of mergers and acquisitions or change in ownership
  • New Office requirements
  • Seeking EB-1 without L-1

 

4:05 P.M. - 4:55 P.M.

Take the Money and Run – E Visa Strategies and Pitfalls

 

Join our panel as they review and deconstruct the nuances and developments in E visa processing.

 

  • E-1 versus E-2
  • E versus L
  • What constitutes an investment?  How low is too low?
  • Strategies to avoid a marginality issue
  • Updates to the FAM, including immigrant intent
  • Venue – process abroad, change of status, third country processing

 

3:40 P.M. – 4:55 P.M.

Wanted Dead or Alive: Immigration and Crimes 2019

 

The panel will provide a comprehensive overview of the latest developments in, and application of, the “categorical approach” for determining the immigration consequences of crimes.   Coverage includes the applicability of the “modified categorical approach,” the “circumstance specific” and “realistic probability” tests, and the intersection of these analyses and the burden of proof.  The panel will discuss the latest applications of these concepts by the BIA and federal courts, illustrate the analysis by discussing commonly recurring crimes, and explain emerging cutting-edge case theories for 2019-2020.  Additional coverage includes:

 

  • Being Fearless:  Options For Challenging USCIS Obstruction of Winning Theories
  • CIMTs Meet Chevron deference: What is the future?
  • Addressing Attorney General certifications
  • Retroactivity of good and bad decisions, Brand X
  • How canons of statutory interpretation serve as a basis of advocacy

 

4:55 P.M. – 5:00 P.M.

Cocktail Sponsor Spotlight

 

5:00 P.M. - 7:00 P.M.

Cocktail Reception - Talk to the Experts

 

 

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FRIDAY, MARCH 1, 2019

 

7:30 A.M. - 8:00 A.M.

Registration and Continental Breakfast

 

7:30 A.M. - 7:55 A.M.

Meditation Class

 

8:00 A.M. - 8:50 A.M.

Every Little Thing She Does Is Magic – Ask the Experts: An Interactive Discussion with Business Immigration Lawyers

 

Bring your business immigration questions to our interactive forum to discuss the following topics and many more.

 

  • H-1B Hot Topics
  • Practice to Prevent NTA Issuance; strategies in Business Cases
  • B-1 permissible and legitimate activities
  • RFE developments
  • Employment Based Adjustment of Status Interviews at USCIS

 

8:00 A.M. - 8:50 A.M.

The Joker (Early Morning Masters Panel) Litigating Controlled Substance Convictions Today: Cutting Edge Changes and Challenges

 

The Eleventh Circuit has heard several cases involving Florida-specific theories regarding controlled substance removability.  Other issues remain pending before the BIA and the U.S. Supreme Court.  The BIA is yet to publish a decision regarding whether strict equivalency is required between controlled substance definitions.  The panel will discuss the mosaic created by the cases, clarifying what theories are settled and which may still be argued, if playing the long game for circuit review or reversal of circuit precedent, including:

 

  • Working with both Mellouli and Matter of Ferreira
  • Is the identity of a drug really an element of an offense?
  • Expanding and applying Moncrieffe: What is a “small amount for no remuneration?” 
  • Pre-planning: avoiding problematic convictions

 

8:50 A.M – 9:00 A.M.

Coffee Break

 

9:00 A.M. - 9:50 A.M.

Should I Stay or Should I Go? Tricky Consular Processing Issues

 

Practical tips on how to get your client across the finish line, whether non-immigrant or immigrant. 

 

  • Non-Immigrant Visa Processing
    • o   Trends
    • o   Does third country processing still exist?
    • Immigrant Visa Processing
      • o   Anticipating issues
      • o   Filing I-130s at USCIS abroad
      • Public Charge changes and challenges
      • Preparing your clients for interviews

 

9:00 A.M. – 9:50 A.M.

Walk This Way:  Procedural Techniques

 

  • With proper planning and zealous advocacy, the defense attorney can play an active role winning cases in ways that avoid utilizing relief from removal.   The panel will address the litigator’s toolbox for contesting everything, and explain when and why to deploy the key arguments, including:
  • Pereira v. Sessions:  how to use the holding; how and why to challenge jurisdiction and contest legality of Matter of Bermudez-Cota; Pereira challenges in the Circuits
  • Res judicata and issue preclusion, in light of Matter of Jasso-Anangure
  • Challenging government evidence: excluding or minimizing damage of criminal documents, agency records, border statements, agency notes
  • Knowing the government’s record regarding your client, before the individual hearing
  • Pickering in 2018:  creative ways to vacate convictions and receive full faith and credit in immigration court under Matter of Marquez-Conde

 

9:50 A.M. - 10:05 A.M.

Coffee Break

 

10:05 A.M. – 10:55 A.M.

Come Monday – Employer Compliance

 

In this climate of increased enforcement, learn about current trends and pitfalls to minimize exposure and liability of the businesses you represent.  

 

  • The Impact of the Buy American Hire American Executive Order
  • What to expect and how to prepare for H, L, R/I-360 and E site visits
  • DOL (Perm and LCA) Audits
  • I-9 Compliance: do’s and don’ts
  • Conflicts of interest:  Who do you represent?

 

10:05 A.M. – 10:55 A.M.

When the Levee Breaks: Advanced Remedies for Victims of Crimes (T and U Visas) and Disasters (TPS)

 

The cases are compelling, but the government (or an administrative backlog) is frequently not making it easy to acquire relief.   The panel will address the present state of humanitarian programs, such as how to counter BIA precedent and use favorable circuit law to acquire remedies including:

 

  • Trends in adjudications in U-visas
  • Take an order? Strategies for managing applications for U-visas while in removal proceedings, post-Matter of L-A-B-R-
  • Immigration Judge reviewability of waiver of inadmissibility
  • T-visa as an alternative to U-visas, expanding beyond misconceptions of limitations
  • TPS Termination
  • Positioning the TPS client for adjustment of status

 

10:55 A.M. – 11:05 A.M.

Coffee Break

 

 

11:05 A.M. – 11:55 A.M. – Born in the USA –Buy American Hire American – Challenging times in Business Immigration

 

  • Analysis and consequences of BAHA
  • How H, F and OPT classifications are disparately impacted
  • Effects of H-1B third party worksite memo
  • RFEs designed to drive up wages and specialty occupation RFEs
  • 60 day grace periods for H, L, E, O and TN (something positive)

 

 

11:05 A.M. - 11:55 A.M.

Oops, I Did It Again:  Hot Issues Related to Reentry: Expedited Removal and Reinstatement of Orders of Removal

 

Panelists will explain how expedited removal and reinstatement of removal work in practice and discuss opportunities for advocacy:

 

  • Credible and reasonable fear interviews, immigration judge review: legal standards and practice pointers
  • Seeking reopening and rescission of expedited removal orders, seeking asylum in withholding-only proceedings
  • Aggravated felony allegations and expedited orders of removal: checking the power of CBP
  • Criminal prosecution for reentry, role of immigration attorney and strategies for contesting

 

11:55 A.M. - 1:10 P.M.  

Lunch (included in registration fee)

 

  • Immigrants’ List Presentation, Ira Kurzban
  • Lunch speaker to be announced

 

 

1:15 P.M. – 2:05 P.M.

Big Yellow Taxi - Advanced Asylum, Prevailing After Matter of A-B-  

 

Through creative, forward-looking perspectives, panel demonstrates how to build an array of legal arguments to best assist asylum seekers, while confronting new restrictionist policies and precedent.   Coverage includes identifying viable social groups to withstand challenges in trial and appeal, post Matter of A-B-.   Panel will discuss tips for advocacy in cases involving non-state persecutors, perceived relocation options, safe third countries, irregular border crossings and other cutting-edge strategies, including:

 

  • Being Fearless: Challenging memoranda, biased judges, negative “credible fear” determinations, agency neglect of its parole authority
  • Asylum unit and immigration court patterns; best practices for pushing back on negative trends
  • Preparing for and challenging EOIR on pretermitted applications and pre-hearing requirements
  • Circuit Court developments on “particular social groups”

 

2:05 P.M. - 2:15 P.M.

Coffee Break

 

2:15 P.M. - 3:05 P.M.

They Can’t Take That Away From Me – Citizenship Litigation and Denaturalization Proceedings

 

Citizenship issues are increasingly the subject of federal litigation on the merits, as delays become the norm and oversight of decisions necessary.  Also, while historically a niche practice for a few counsel representing alleged war criminals, e.g. Maslenjak v. United States (2017), now all attorneys should consider the risk of denaturalization for any party related to an immigration application.  The panel of experts will discuss a variety of litigation positions, seeking to cure delay (mandamus) or prevent stripping of citizenship, addressing:

 

  • Trends in naturalization processing
  • Delay tactics by the government: When to file a mandamus?
  • Effective case preparation: discovering applicant’s history, understanding risk of proceedings and denaturalization
  • Task Force on Denaturalization, predominant government theories
  • Building and presenting a defensive case

 

2:15 P.M. - 3:05 P.M.

The Kids Are Alright - Children’s Issues

 

Few AILA attorneys specialize solely in children’s issues, but we all need to know the basics for when needed to mobilize in times of crisis.  The panel of experts will address temporary and permanent immigration solutions for children and young persons, including multi-pronged approaches to advocacy.   The panel will address the law and process for dependency orders and special immigrant juvenile status, with Florida-specific variations; DACA, DACA-related strategies, and the state of DACA litigation; lessons learned; and future worries related to the “zero tolerance” family separation crisis of 2018.

 

3:05 P.M.

305 Cafecito Cart open for one hour

 

3:20 P.M. – 4:10 P.M

Get Up, Stand Up - Procedural Motions and Evidentiary Rules Practice to Immigration Court

 

The best use of motions to resolve procedural issues, set out the burdens of proof and persuasion, gather evidence, and set the parameters for a full and fair hearing, including motions to suppress and motions to recuse.

 

3:20 P.M. - 4:10 P.M.

All I Do Is Win – The Extraordinary, Exceptional and in the National Interest

 

  • Who is Really Extraordinary or Exceptional?
  • Who is the Petitioner?
  • Consultation and Screening the Applicant
  • How to Prepare a Case and Best Practices
  • Supporting Evidence

 

4:10 P.M. – 6:00 P.M.

Feeling Groovy - AIC Cocktail Reception

 

The South Florida AIC Committee cordially invites you to attend the cocktail hour in support of the American Immigration Council.  Please join us for an evening of fun at Jungle Island, right after the closure of the CLE for refreshments, raffles, a silent auction and great networking with your colleagues.

 

All panels will also address ethical issues and considerations affecting their respective topics.

Have questions about 40TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE - FEB 28 & MAR 1, 2019? Contact CLE Committee, AILA South Florida

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When & Where


Bloom Ballroom at Jungle Island
1111 Parrot Jungle Trail
Miami Beach, FL 33132

Thursday, February 28, 2019 at 8:00 AM - Friday, March 1, 2019 at 4:00 PM (EST)


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