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.

*Scholarships are available to participate in this program: https://learning.pli.edu/scholarshipworking

If working for an IRC Section 501c3 organization dedicated to providing direct pro bono representation, the organization may be eligible to receive a PLI Pro Bono Membership which provides free access to PLI programs.