2023 AILA Fall CLE Conference and Webcast

2023 AILA Fall CLE Conference and Webcast

2023 AILA Fall CLE Conference and Webcast - Recording
$575.00
Live Event Date: 9/29/2023
Format Length CLE Eligible
Conference 1 Day Yes

Are you looking for information-packed panels? How about an exquisite desert destination? Then AILA’s 2023 Fall Conference and Webcast is for you! To be held on Friday, September 29, at the Westin Kierland Resort & Sp in Scottsdale, AZ, this conference will offer a choice of three tracks bursting with information.

  • ACES Track: AILA’s ACES conference is back, and we are taking a different approach this year! This track will still cover advanced niche issues and strategies, but this time, the program will be broken down by specific industries. Expert panelists will provide a deep dive into immigration tactics for orchestrating large-scale live performances, taking on challenges in film and television productions, working with unique and taboo occupations, representing wild west rodeos, and more. You will learn the ACES nuggets that can only be taught by those who have already tried it and won.
  •  
  • Asylum Track: Protections for asylum seekers in the United States continue to be dismantled, with new preclusionary regulations and devastating backlogs riddling the U.S. asylum system. Practitioners must navigate increasingly convoluted policies, leverage changes to benefit asylum seekers, and prepare cases in anticipation of potential future restrictive rules. This intermediate-to-advanced track will provide expert guidance on a wide range of topics, including the recent regulations preventing access to asylum and litigation challenging them, procedural updates, how to overcome the newest roadblocks, best practices for ethically representing and counseling asylum seekers, and more.
  •  
  • Categorical Approach Track: This unique track will take deep dive into the immigration effects of criminal activity. The hyper-focused program will offer advanced-level analysis of the application of the categorical and modified categorical approaches across all federal circuit courts of appeal. The faculty will provide historical background and discuss foundational cases, present the pertinent case law of each circuit, and discuss pending and expected petitions for certiorari before the Supreme Court and how they might affect the application of the categorical approach.

In-person registrants will pre-select a track to attend on site but will receive the recordings for all three tracks, so you can listen to anything you may have missed. Sign up now!

2023 AILA Fall CLE Conference and Webcast Programs

Friday, September 29, 2023
ACES Track Program | Asylum Track Program | Categorical Approach Track Program

Times listed on the program are Mountain Standard Time (MST). Please note Scottsdale, AZ, does not observe daylight savings and the local time will be equivalent to Pacific Time.


 

Athletics, Culture, Entertainment, and Science (ACES) Track Program
7:00 am - 5:55 pm Registration and Exhibits
7:30 am - 7:40 am Opening Remarks
7:40 am - 8:40 am Hot Topics

Panelists will provide updates on the latest adjudication trends and guidance from the government agencies that are relevant to ACES practice. They will also look forward to what is on the horizon that might affect ACES cases.

  • Updates to USCIS Policy Manual (O-1B chart in particular) 
  • Updates to relevant sections of FAM about travel/itinerary 
  • RFE trends
  • Visa retrogression, backlogs, and delays (still) 
  • Industry trends and guild strikes and the impact on entertainment industries
Faculty
  • Dan H. Berger (DL), Fall Conference Committee, Northampton, MA
  • Jeff Joseph, AILA First Vice President, Denver, CO
  • Amy Maldonado, AILA Board of Governors, East Lansing, MI 
  • Eileen F. Morrison, USCIS HQ (Benefits Policy) Liaison Committee, Newton, MA
8:40 am - 9:10 am Networking Break
9:10 am - 10:10 am Performing Arts on a Grand Scale

The performing arts (music, theatre, dance, and more) represent one of the largest blocks in entertainment immigration and encompass not only performers, but also the myriad jobs tied to live entertainment such as tour managers, sound engineers, talent managers, lighting directors, video jockeys, and more. Panelists will discuss the roles that make up this industry, the interplay of the O and P visas (and unique alternatives), and some of the biggest challenges facing performing-arts petitions.

  • Who does what and why are there so many “managers”?
  • Challenges for large parties (best classifications, AOs, tight timelines, consular issues, etc.)
  • Choosing the best visa classification
  • The “future work” dilemma
Faculty
  • David Melik Telfer (DL), Fall Conference Committee, Los Angeles, CA
  • Aja Kathleen Pardini, New York, NY
  • Michael M. Felix, Santa Fe Springs, CA
10:10 am - 10:40 am  Networking Break
10:40 am - 11:40 am Lights, Camera, … Visa? 

Film and television production is not all premier parties and award ceremonies, but also short deadlines and unexpected challenges, especially when working with an international cast and crew. Panelists will provide advanced-level insights into working with clients in the film and television industry. Topics will range from sponsorship and consultation issues to what constitutes a sufficient “deal memo.”

  • Understanding the industry, including big budgets and tight deadlines, below-the-line occupations, and how “film and television” is defined
  • Analyzing petitioner options: agency vs. employer sponsorship
  • Advising regarding deal memos and making sense of itineraries, loan-outs, and “permission slips”
  • Selecting the right entity to issue a consultation 
  • Setting up for approval: must-have and wish-list elements of a successful nonimmigrant and immigrant petition in film/television
Faculty:
  • Rita Sostrin (DL), Fall Conference Committee Vice Chair, Woodland Hills, CA
  • Heidy Berger Trombi, Newport Beach, CA
  • Howard D. Shapiro, Los Angeles, CA
11:40 am - 12:40 pm Lunch (included with registration) 
12:40 pm - 1:40 pm In the Eye of the Beholder: Visual and Fine Arts   

Representing clients in the visual and fine arts can pose numerous challenges. In addition to the artists themselves, curators, dealers, and other individuals who work with artists often require careful consideration to find the right classification. This panel will consider the available nonimmigrant and immigrant classifications for visual and fine artists and those workers in the industry who are adjacent to the artists themselves. The panel also will discuss artists whose work might be difficult to categorize as “visual,” “fine,” or “performance.”

  • Understanding the O-1B evidentiary requirements 
  • What if O-1B doesn’t apply? Alternative nonimmigrant options
  • Defining the work to be performed: artists coming to the United States to create  
  • Art curators, dealers, and others who are artist-adjacent and utilizing the E-2
  • Blurring the lines: artists who do not fit into a neat category
Faculty
  • Elissa J. Taub (DL), Fall Conference Committee, Memphis, TN
  • Elizabeth Chatham, Phoenix, AZ 
  • Sharon J. Phillips, New York, NY
1:40 pm - 2:05 pm Networking Break
2:05 pm - 3:05 pm Welcome to the Wild Wild West: Rodeos, Circuses, and Jockeys  

With an economic benefit of nearly $200 million for just the annual national finals rodeo events in Las Vegas, rodeos are big business. Rodeo sports include bareback riders, steer wrestlers, team ropers, saddle bronc riders, barrel racers, and bull riders—many of whom hail from outside of the traditional “western” cowboy culture of the west and southwest and require U.S. immigration advice—not to mention their animals and caretakers. With its foundation in Arizona and an unusual alliance with CBP, this panel will provide a deep dive into issues common to this exciting and growing field.

  • Who are the players? From cutting horses to large animal vets, riders, and horse competitors, are these just your average sports teams?  
  • When are you safe to use a B visa and considerations for prize money? 
  • P-1 vs. O-1A vs. O-1B considerations: who is internationally recognized and who is extraordinary?  
  • Essential support personnel considerations
Faculty
  • Amanda S. Brill (DL), Fall Conference Committee Chair, London, UK
  • Bonnie Smerdon, Cudjoe Key, FL
  • Alexander Farquhar, Dallas, TX
3:05 pm - 3:30 pm Networking Break
3:30 pm - 4:30 pm “Taboo,” Uncommon, and Unusual Occupations: Guess What? That's Extraordinary Talent Too! 

Wait? Is this an O-1 or a P-1? Approaching and strategizing unusual occupations that USCIS officers may not know or understand, this panel will discuss case assessment and provide strategies for taboo, unique, and unusual fields such as burlesque dancers, drag queens, OnlyFans models, competitive eaters, glam squads, tattoo artists, and more.

  • Considerations on how to define, narrow, or expand the field
  • Issues to be aware of and how to make unusual evidence work for your client 
  • How to document success in different media: YouTube, Instagram, TikTok, resharing, etc. 
  • Expert opinions to lay the groundwork, explain the industry, and your client’s relevance in it 
  • Managing clients’ expectations: RFEs, USCIS “independent research,” maintenance of status, and more
Faculty
  • Flavia Santos Lloyd (DL), Fall Conference Committee, Newport Beach, CA 
  • Zachary Robert Dussault, Charlotte, NC 
  • James W. Hollis, Memphis, TN 
  • Diana Okoeva, London, UK
4:30 pm - 4:55 pm Networking Break
4:55 pm - 5:55 pm Are There Ethics in the Bullring? Special Ethics Issues in ACES Cases

Together with the usual blurred line of who is the client, unique issues arise when working with artists and entertainers. Panelists will discuss the ethical questions and issues distinct to the arts and entertainment industry including what to do when you’re asked to sign an NDA, and setting boundaries when your client texts, WhatsApps you, or even slides into your DMs.

  • Who is the client: maintaining confidentiality while communicating with the talent, agent, manager, and entertainment attorneys  
  • Who is the employer? including beneficiary’s ownership in the company?
  • Who is the petitioner? attorney’s role as the petitioner or setting up a side company to sponsor O and P petitions
  • Setting boundaries with clients, including communication methods and frequency 
  • Who is responsible for the I-9?
Faculty
  • Catherine L. Haight (DL), Marina Del Rey, CA
  • Sara Marie Mailander, AILA Ethics Committee, Boston, MA 
  • William Spitz, Brooklyn, NY
  • Maurice H. Goldman, Tucson, AZ
5:55 pm Conference Concludes
6:30 pm – 7:30 pm (local time)

Fall Conference Happy Hour co-sponsored by the AILA Arizona Chapter
Westin Kierland Resort
(Northern Sky Terrace)

 

Fall Conference ACES Track Program Committee
Amanda Brill, AILA Conference Program Chair, London, UK
Rita Sostrin, AILA Conference Program Vice Chair, Woodland Hills, CA
Dan Berger, Northampton, MA  
Laya R. Kushner, Charlotte, NC
Flavia Santos Lloyd, Irvine, CA
 Elissa J. Taub, Memphis, TN
David Melik Telfer, Los Angeles, CA
Sarah Kra, eLearning Programs Associate, Washington, D.C.
Emmie R. Smith, Associate Director of Education, Washington, D.C.

 

Back to Top | ACES Track Program | Asylum Track Program | Categorical Approach Track Program

 

Asylum Track Program

Where Are the Asylees? How to Navigate a Preclusionary U.S. Asylum System

Protections for asylum seekers in the United States continue to be dismantled. Initially, there was hope for a rejuvenation of this essential pillar of American democracy with a new Administration, but presently, the U.S. asylum system is riddled with new preclusionary regulatory provisions and devastating backlogs. Practitioners must navigate increasingly convoluted policies in today's U.S. asylum system, leverage changes to benefit asylum seekers, and prepare cases in anticipation of potential future restrictive rules.

The accomplished faculty for this intermediate to advanced conference will provide expert guidance on a wide range of asylum claims and issues, from an overview of the recent regulations preventing access to asylum in the United States, to important procedural updates, to how best to overcome the newest roadblocks to asylum. The faculty will also provide attendees with best practices to ethically represent and counsel asylum seekers in a system increasingly designed to thwart access.

7:00 am - 5:55 pm Registration and Exhibits
7:30 am - 7:40 am Welcome and Greetings
Leah L. Chavarria, Fall Conference Asylum Track Chair, ICE Liaison Committee, San Diego, CA
7:40 am - 8:40 am “What Now?!” Does Asylum Still Exist at the Border? Navigating New Policies, Technology, and Black Holes

Considering the end of Title 42 and a renewed enhanced expedited removal, the use of credible fear interviews (CFIs) conducted in the black hole of U.S. Customs and Border Protection (CBP) holding facilities, the Circumvention of Lawful Pathways Final Rule (i.e., new third-country asylum ban), and the use of the CBPOne app, is asylum even available anymore? The panelists will discuss how to navigate assisting clients in enhanced expedited removal (the Administration's latest enforcement tool) and those attempting to come in lawfully through the CBPOne app, as well as litigation challenging these policies.

  • CBPOne app: Who can use it, does it work, and how?
  • Enhanced expedited removal: CFIs in CBP custody, how it works and right to counsel, and the immigration judge (IJ) review process in CBP custody
  • Advocating for counsel’s ability to access clients throughout border processing and advising clients on the practicalities of a release on parole at the border
  • Circumvention of lawful pathways: requirements, exceptions, and how attorneys can help clients get around it
  • What is actually happening at the border under this new rule?
  • Litigation challenging these policies
Faculty
  • Constance R. Wannamaker (DL), Conference Program Committee, El Paso, TX
  • Margaret Cargioli, AILA Asylum and Refugee Committee, Los Angeles, CA
  • Priscilla J. Orta, Brownsville, TX
8:40 am - 9:10 am Networking Break
9:10 am - 10:10 am Cracking the Code: The Keys to Mastering the Complexities of Asylum Law

Asylum law is complicated, and even experienced practitioners can get lost in the labyrinth of the Immigration and Nationality Act (INA), regulations, and ever-changing case law. Trying to fit clients’ lived experiences into those complicated and narrow requirements can sometimes feel like a lost cause. Our expert panelists will walk you through strategies to overcome some of the more challenging legal roadblocks and offer tips to avoid missed arguments and build a strong record for appeal.

  • Persecutor woes! Non-state actor issues—including the inconsistent interpretation and application of the “unable or unwilling to control” standard—and how to overcome them
  • Keeping up with particular social groups (PSGs): Board of Immigration Appeals (BIA) and circuit case law surrounding cognizable PSGs, including strategies to use on existing cases
  • Alternatives to PSGs: determine if your client has other protected characteristics that may have motivated the persecutor
  • Don’t forget the nexus! Proving your client’s protected characteristic is at least “one central reason” for the harm
  • Change happens: challenging or overcoming a rebutted presumption of “well-founded fear” based on internal relocation or changed circumstances
Faculty
  • Katie H. Meyer (DL), Conference Program Committee, AILA Asylum and Refugee Committee, St. Louis, MO
  • Randall A. Chamberlain, AILA Family Section Steering Committee/ Asylum and  Refugee Committee, New York, NY
  • Kathryn R. Weber, AILA Asylum and Refugee Committee Co-Chair, Chicago, IL
10:10 am - 10:40 am  Networking Break
10:40 am - 11:40 am Practicalities of Affirmative Asylum Representation: Dealing with Delays, Delays, Delays

Any attorney practicing in the humanitarian ring of the immigration law circus knows that the last five years have only made it more difficult to represent affirmative asylum seekers. Delays caused by lack of resources, holdover policies from unfriendly administrations, and the impact of new border policies mean that affirmative asylum applications could now take as long as a decade to process. Our expert panelists will share their best strategies for dealing with these delays and setting client expectations over the lifetime of an affirmative asylum case. This is a must-attend panel for all affirmative asylum practitioners!

  • Asylum Office jurisdictional issues: Knowing where and how to file your client’s I-589, including for J.O.P. v. DHS class members, those with an unfiled NTA, and others required to file through the Asylum Vetting Center
  • Causes of interview delays, including the “last in, first out” (LIFO) policy, current scheduling priorities, and the impact of asylum officers being sent to the border
  • Explaining delays to clients and managing expectations over the years that the case will be pending, including:
    • Issues and solutions around obtaining Employment Authorization Documents (EADs) (including tricks for handling receipt notice delays), tapping into Rosario class benefits, and rescheduling problems
  • The benefits of mandamus/Administrative Procedure Act (APA) actions for clients who cannot wait any longer
  • Advising clients on potential outcomes and risk of removal proceedings
Faculty
  • Cori A. Hash (DL), AILA Asylum and Refugee Committee, Austin, TX
  • Sarah Pitney, Conference Program Committee, Washington, D.C.
  • Ally Bolour, Los Angeles, CA
11:40 am - 12:40 pm Lunch (included with registration)
12:40 pm - 1:40 pm Defensive Driving in Removal Proceedings: Get Clients Safely across the Asylum Finish Line

It is crucial for attorneys to zealously represent asylum seekers in removal proceedings, which can be challenging because often the record begins to develop before representation starts. Learn from our panel of experts about strategic considerations ranging from maintaining the client’s credibility when there are inconsistent statements in the record, to dealing with EAD clock and biometric gathering delays and advocating for the client in and out of the courtroom.

  • When the EAD clock is on the line: strategic considerations
  • Complying with the biometrics requirement in proceedings: overcoming practical roadblocks
  • Building a strong evidentiary record even when the client is detained, and challenging the U.S. Department of Homeland Security’s (DHS) attempts to introduce evidence improperly
  • Utilizing pre-hearing conferences, prosecutorial discretion (PD), and pre-hearing filings to narrow the issues
  • Inconsistent statements made by the client or incorrectly recorded by DHS officers: framing the record
  • Dealing with difficult IJs: best practices
Faculty
  • Elizabeth M. Barna (DL), Conference Program Committee Vice Chair, New York, NY
  • Susan G. Roy, AILA Removal Defense Section Steering Committee, Princeton Junction, NJ
  • Breanna Cary, Edmond, OK
  • Peter Isbister, Decatur, GA
1:40 pm - 2:05 pm Networking Break
2:05 pm - 3:05 pm Barred from Protection: Strategies for Pushing Back

The Biden Administration’s ongoing efforts to discourage people from seeking asylum in the United States and to ease the agencies’ burgeoning adjudication backlogs have had myriad repercussions for asylum practice, both substantive and procedural. At the same time, the shifting demographics of asylum seekers have raised new issues and added new layers of complexity. The panelists will address some of the evolving issues relating to statutory bars to asylum and withholding of removal.

  • The one-year filing deadline: unfiled Notices to Appear (NTAs), terminated removal proceedings, and the wind-down of the Mendez-Rojas litigation
  • Persecutor of others and terrorism-related inadmissibility grounds (TRIG): exceptions and exemptions in the wake of Matter of Negusie
  • Particularly serious crimes: litigation on the burden of proof
  • Border practices and the Circumvention of Lawful Pathways presumption
  • Firm resettlement: parameters and exceptions
Faculty
  • Paul O’Dwyer (DL), New York, NY
  • Ilana Etkin Greenstein, Senior Managing Attorney, American Immigration Council, Washington, D.C.
  • Amanda J. Bernardo, San Diego, CA
3:05 pm - 3:30 pm Networking Break
3:30 pm - 4:30 pm Holding Adjudicators Accountable: Appellate Review of Denials of Asylum and Withholding of Removal

Thorough representation of those seeking refuge within the United States frequently involves appellate review before the BIA and the U.S. Circuit Courts of Appeals. Representation in this space has always been complex, but due to recent case law, it is even more challenging today. The panelists will address several important developments and key strategic considerations in current appellate practice, covering what attorneys need to know even if they have little experience with appellate litigation.

  • Exhaustion, motions to reconsider, and judicial review following Santos-Zacaria v. Garland
  • Timing to seek judicial review of reasonable fear and withholding-only proceedings in the wake of Nasrallah v. Barr and Johnson v. Guzman Chavez (addressing the Bhaktibhai-Patel v. Garland problem)
  • Navigating venue and choice of law considerations after Matter of Garcia
  • Advocating for the most favorable appellate standard of review
Faculty
  • C. Shane Ellison (DL), Conference Program Committee, AILA Amicus Committee, Durham, NC
  • Ben Winograd, Alexandria, VA
  • *TBD
4:30 pm - 4:55 pm Networking Break
4:55 pm - 5:55 pm Defining the Relationship: Ethical Considerations from Pro Se Practice to Dealing with Dismissal

How do recent Executive Office for Immigration Review (EOIR) initiatives to facilitate limited representation of pro se litigants, such as Friend of the Court and limited appearance for document preparation, interact with attorneys’ ethical obligations? How can practitioners ethically navigate new physical setups like border patrol processing facilities where asylum seekers subject to the Circumvention of Lawful Pathways rule are detained? Moreover, as the Office for the Principal Legal Advisor (OPLA) dismisses defensive asylum cases—sometimes over a respondent’s objection—how can practitioners adhere to ethical obligations when advising clients on next steps? Panelists will cover considerations raised by recently introduced programs with a special focus on defining the scope of representation, maintaining ethical communication, and navigating ethical conflicts.

  • Limited-scope representation in defensive asylum cases, including the benefits and drawbacks of these approaches: ethical considerations
  • Ethics of providing pro se assistance to affirmative asylum seekers
  • Counseling clients considering accepting PD dismissal and their post-dismissal options: ethical issues
    • Diligence as an ethical obligation, even in anticipation of DHS unilaterally moving for termination
  • Thoughtfully communicating with clients: cultural sensitivities, individuals experiencing a measure of diminished capacity
  • Providing client-centered warnings around frivolous applications
Faculty
  • Gregory Fay (DL), Conference Program Committee, AILA Asylum and Refugee Committee, Phoenix, AZ 
  • Jacqueline L. Watson, AILA Treasurer, Austin, TX
  • Maria Chavez, AILA Diversity, Equity, and Inclusion Committee, San Diego, CA
  • Brenda L. Hunt, Seatac, WA 
5:55 pm Conference Concludes
6:30 pm – 7:30 pm (local time)

Fall Conference Happy Hour co-sponsored by the AILA Arizona Chapter
Westin Kierland Resort
(Northern Sky Terrace)

 

Fall Conference Asylum Track Program Committee
Leah L. Chavarria, Fall Conference Asylum Track Chair, ICE Liaison Committee, San Diego, CA
Elizabeth M. Barna, Fall Conference Asylum Track Vice Chair, New York, NY
C. Shane Ellison, AILA Amicus Committee, Durham, NC
Gregory Fay, AILA Asylum and Refugee Committee, Phoenix, AZ
Katie H. Meyer, AILA Asylum and Refugee Committee, St. Louis, MO
Sarah Pitney, Washington, DC
Constance R. Wannamaker, El Paso, TX
Ilana Etkin Greenstein, Senior Managing Attorney, American Immigration Council, Washington, D.C.
JJ Area, AILA Education Program Manager, Washington, D.C.

 

Back to Top | ACES Track Program | Asylum Track Program | Categorical Approach Track Program

 

Categorical Approach Track Program

Join us for a deep dive into the immigration effects of criminal activity. This track offers an advanced-level analysis of the application of the categorical and modified categorical approaches across all federal circuit courts of appeal. The pertinent case law of each circuit will be presented by an expert practicing in that circuit. The program also features AILA authors and an "Experts Panel," serving as a capstone event of the conference.

7:00 am - 5:50 pm Registration and Exhibits
7:20 am - 7:30 am Welcome and Greetings
Matthew Green, Categorical Approach Track Chair, Tucson, AZ
7:30 am - 8:30 am Categorical Approach: History Lesson and Techniques

This panel will provide historical background on the categorical and modified categorical approaches. It will discuss foundational cases from the Board of Immigration Appeals to the Supreme Court. Panelists will also introduce advanced themes related to the categorical approach that are common between some circuits.

  • Divisibility
  • Modified categorical approach
  • Pereida/relief from removal issues
  • Circumstance-specific approach
Faculty
  • Mark A. Prada (DL), AILA Federal Court Litigation Steering Committee Vice Chair, Benefits Litigation Committee, Categorical Approach Track Committee, Miami, FL
  • Kelli Jo Stump, AILA President-Elect, Oklahoma City, OK
  • Wendy S. Wayne, AILA ICE Liaison Committee, Categorical Approach Track Committee, Malden, MA
8:30 am - 8:55 am Networking Break
8:55 am - 10:25 am The Northeast: The Categorical Approach as Applied in the First, Second, and Third Circuits

Experts will discuss the intricacies of the categorical approach as applied in the First, Second, and Third Circuits.

Faculty
  • First Circuit: Emma Winger (DL), Categorical Approach Track Committee, Washington, D.C.
  • Second Circuit: Andrew Wachtenheim, Berkeley, CA
  • Third Circuit: Rebecca Hufstader, Philadelphia, PA
10:25 am - 10:50 am  Networking Break
10:50 am - 12:20 am The Southeast: The Categorical Approach as Applied in the Fourth, Fifth, and Eleventh Circuits

Panelists will discuss the particulars of the categorical approach as applied in the Fourth, Fifth, and Eleventh Circuits.

Faculty
  • Eleventh Circuit: Mary E. Kramer, AILA Author, Immigration Consequences of Criminal Activity, 9th ed., AILA DOL Liaison Committee, Miami, FL
  • Fourth Circuit: Helen Parsonage, Winston-Salem, NC
  • Fifth Circuit: Amanda Waterhouse, AILA Federal Court Litigation Steering Committee, Houston, TX
12:20 am - 1:05 pm Lunch (included with registration)
1:05 pm - 2:35 pm The Midwest: The Categorical Approach as Applied in the Sixth, Seventh, and Eighth Circuits

This panel will discuss the complexities of the application of the categorical approach in the Sixth, Seventh, and Eighth Circuits.

Faculty
  • Sixth Circuit: Lily S. Axelrod (DL), Memphis, TN
  • Seventh Circuit: Diana Rashid, Chicago, IL
  • Eighth Circuit: Linus Chan, Minneapolis, MN
2:35 pm - 3:05 pm Networking Break
3:05 pm - 4:05 pm The West: The Categorical Approach as Applied in the Ninth and Tenth Circuits

Panelists will discuss the complexities of the categorical approach as applied in the Ninth and Tenth Circuits.

Faculty
  • Ninth Circuit: Katharine E. Ruhl (DL), Categorical Approach Track Committee, Tucson, AZ
  • Tenth Circuit: Aaron Hall, AILA ICE Committee Chair, Aurora, CO
4:05 pm - 4:35 pm Networking Break
4:35 pm - 5:50 pm What’s Next? — Petitions for Certiorari

This panel will discuss pending and expected petitions for certiorari before the Supreme Court and how they might affect the application of the categorical approach. This panel will also discuss themes common between certain circuits and provide illustrative comparisons.

Faculty
  • Khaled Alrabe (DL), Washington, D.C.
  • Jeremy L. McKinney, AILA Immediate Past President, Greensboro, NC
  • Kari E. Hong, Tucson, AZ
  • W. Michael Sharma-Crawford, AILA ICE Liaison Committee, Kansas City, MO
5:50 pm Conference Concludes
6:30 pm – 7:30 pm (local time)

Fall Conference Happy Hour co-sponsored by the AILA Arizona Chapter
Westin Kierland Resort
(Northern Sky Terrace)

 

Fall Conference Categorical Approach Program Committee
Matthew Green, Categorical Approach Track Chair, Tucson, AZ
Mark A. Prada, Miami, FL
Katharine E. Ruhl, Tucson, AZ
Michael S. Vastine, Miami Gardens, FL
Wendy S. Wayne, Malden, MA
Emma Winger, Washington, D.C.
Michael Orlando, AILA Associate Director of Professional Development, Washington, D.C.

 

Back to Top | ACES Track Program | Asylum Track Program | Categorical Approach Track Program

 

Live Conference CLE Credit

AILA will file for CLE credits in appropriate jurisdictions. Eligible participants can receive up to 9.0 total credits including up to 1.2 ethics credits and up to 9.0 skills credits in 50-minute jurisdictions and up to 7.5 total credits including up to 1 ethics credit and up to 7.5 skills credits in 60-minute jurisdictions. To receive CLE credit, attorneys must record sessions attended and CLE codes provided at each session via webCLE. Live attendance must be recorded by Friday, October 6th, 2023. This deadline does not apply to the download format.

Please Note: CLE credits not reported on webCLE by the published deadline will be subject to an administrative late fee to cover incurred costs.


On-Demand Conference CLE Credit

AILA will administer CLE credit to individuals who download this recording through Agora only; the invoice is used as a form of CLE verification.

AILA has filed for CLE and specialized credit in appropriate jurisdictions. To receive CLE credit, attorneys must record session attendance and the CLE codes provided via webCLE. Eligible participants can receive up to 26.0 total credits including 2.4 ethics credits and 10.5 skills credits in 50-minute jurisdictions and up to 21.5 total credits including 2 ethics credits and 8.5 skills credits in 60-minute jurisdictions.

Please note that your jurisdiction may limit the number of OnDemand credits that may be applied in a compliance period and may also limit OnDemand credits based on the date of the original presentation. Please be aware of your state's expiration dates for OnDemand credits, please view the OnDemand Expiration Chart for more details or confirm with your state's bar association.

Not eligible for CLE credit in the following states: MO and PR.

  Early Bird
Rate

(Through 08/30/23)
Regular Rate
(After 08/30/23)
Members (In-Person)
AILA Members $495 $695
AILA Members' Paralegal* $495 $695
AILA Law Student Members $295 $495
AILA Nonprofit Members $345 $545
Nonmembers (In-Person)
Nonmember Attorneys $695 $895
Nonmember Law Students $395 $595
Government $515 $715
Nonprofit Attorneys $515 $715
Members (Webcast)
AILA Members $375 $575
AILA Members' Paralegal* $375 $575
AILA Law Student Members $200 $400
AILA Nonprofit Members $225 $425
Nonmembers (Webcast)
Nonmember Attorneys $575 $775
Nonmember Law Students $300 $500
Government $425 $625
Nonprofit Attorneys $425 $625

You can register for this event quickly and securely online by adding this item to your cart before the deadline and paying by credit card. We encourage you to take advantage of the Early Bird Registration and register by August 30, 2023.

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COVID-19 Health and Safety Information and Protocols

AILA no longer requires proof of vaccination status to attend the AILA in-person conferences, meetings, or events. Mask-wearing is optional, at the discretion of each attendee. Please act responsibly and with consideration for the health and safety of others. For more information, please read the full protocols at: https://www.aila.org/conferences/in-person.

By registering for and attending the conference, you voluntarily agree to the following terms and conditions:

  • To assume all risks related to exposure to COVID-19.
  • To accept primary responsibility for taking steps to protect yourself from contracting COVID-19.
  • To follow all federal/state/local public health and government guidelines on COVID-19 health and safety in effect at the time of the conference, as directed by AILA.
  • To fully comply with any health, safety, and other policies instituted by AILA and the venue while attending the conference, including any modifications and/or enhancements of health and safety protocols.
  • To pay for all costs and expenses if you contract COVID-19 or test positive for COVID-19 prior to or while at the conference, including but not limited to costs related to a mandatory or voluntary quarantine (hotel, food and beverage), medical care, transportation to and from a medical facility or hospital, and changes in travel plans.
  • Hotel, food & beverage, and conference services may be modified or curtailed at any time if necessary or appropriate to meet COVID-19 health and safety practices, mandates, or recommendations, as determined by AILA or the venue.
  • These COVID-19 Health & Safety Protocols are subject to change without prior notice, in AILA’s sole discretion. If you do not abide by these Protocols, including the terms and conditions of attendance in effect at the time of the conference (as determined in AILA’s sole discretion), you will not be permitted to enter the conference and participate in person, or (if the conference has started) you will be refused further admission; and your registration will be transferred to the webcast option (if available). If there is no webcast, your conference registration will be canceled.
  • AILA reserves the right to cancel your conference registration (including speakers and exhibitors) at any time and for any reason, and provide you with the applicable refund, in its sole discretion. If cancellation is for your failure to abide by these Protocols, including these terms and conditions of attendance, you will receive no refund.
  • Under no circumstances shall AILA, its officers, directors, employees, and contractors be liable to you (or anyone claiming through you) for any injury, damages, claims, liabilities, costs, expenses, or other loss of any kind (including death), arising in any manner from COVID-19 or otherwise arising from your travel to/from, attendance at, or participation in, the conference.
  • AILA has no responsibility for any injury, damages, claims, liabilities, costs, expenses, or other loss of any kind (including death) arising in any manner from an event organized by an AILA chapter, affiliate, or other person or entity occurring prior to, during, or after the conference. You assume all risks from attendance at such events.
  • You agree that this Assumption of Risk & Agreement does not supersede or limit any applicable law limiting or barring the liability of AILA, its officers, directors, employees, and/or contractors from any claims related to COVID-19.

Webcast Option
The webcast option for participation in the conference will be available to those choosing not to attend in person, and those who cannot abide by the Assumption of Risk & Agreement terms above. Those participating by webcast are responsible for providing their own computer and other equipment used to access the conference, and to pay for connectivity. Webcast participants also assume the risk of computer and Internet malfunctions and connection problems.

If you have any questions, please email conferences@aila.org.

Tuition Assistance
Full and partial tuition assistance will be offered for AILA National Conferences and Seminars based on need and availability. Please complete the tuition assistance application for consideration.

Paralegals
All paralegals must first create a paralegal account on AILA.org and complete the AILA member paralegal verification process in order to register for AILA products and services. Non-member paralegals are not eligible to register. Paralegals cannot register for AILA conferences until the verification process is complete.

AILA’s Meeting Code of Conduct:
AILA is committed to providing a professional and productive learning environment for all participants and staff. As a result, all participants are expected to follow all stated meeting and event instructions and guidelines in order to maintain an atmosphere of professionalism, mutual respect, and collegiality. AILA members in particular are expected to adhere to the principles set forth in AILA’s civility code. The guidelines herein apply to all AILA in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables. All participants must comply with the following guidelines to participate in the meetings and events:

  • All participants are expected to maintain a professional and civil discourse throughout AILA’s in-person/virtual meeting and event space. Participants are prohibited from using any defamatory, abusive, profane, discriminatory, harassing, threatening, and/or offensive language during the sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.
  • All participants must comply with the instructions of the moderators and/or any event staff.
  • Disruption of sessions, events or any activity that takes place in-person or in virtual space is prohibited.
  • Presentations, postings, and messages should not contain promotional materials, special offers, job offers, product announcements, or solicitation for services unless preapproved by AILA. AILA reserves the right to remove any such communications that have not been preapproved.
  • Participants may not record, transmit, copy, or take screen shots of any sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the event space without prior approval from AILA. Participants who do not comply or are in violation of any of AILA’s meeting guidelines may be denied further access and participation at the discretion of event organizers. AILA is not responsible for reimbursement or refund if you are denied access or participation due to violation of AILA’s Meeting Code of Conduct.

Participants can contact conferences@aila.org with any questions or concerns related to AILA’s Meeting Code of Conduct.

Registration Approval
All registrations and reservations are subject to approval. Registrations and reservations received without payment will be returned. Registrations are NOT transferable and cannot be split among conference attendees. Cancellations must be received by the cancellation deadline date in writing to be eligible for the full refund (less $50 processing fee). Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. Any and all liability of AILA with respect to registration, reservations, cancellations, changes in the location or content of the program, and refunds is limited to a sum no greater than the registration fee paid. Under no circumstances shall AILA be liable for incidental or consequential damages of any kind, including, but not limited to, the cost of transportation or lodging. Submission of registration and payment constitutes acceptance of the terms and conditions herein.

Non-member Registration
Attendance at in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables is solely restricted to AILA members and their employees, government employees, and nonmember attorneys. Non-attorney attendance is limited to the employees of AILA members in good standing, to HR professionals who have an AILA member reference, employees of accredited educational institutions providing support to international student and scholar services at their employing institutions, and accredited representatives under 8 CFR §292.2. AILA will reject conference registrations from persons who provide representation without authorization in violation of 8 CFR §292.1, such as for-profit "immigration consultants" and "notarios."

Registration Details
I understand that AILA will collect and store the data provided by the conference registrant to be included on the conference attendee list, and to provide me with information on AILA products and services. I may limit dissemination of information by AILA by updating communication preferences in my personal record at http://www.aila.org/myaila. I understand that AILA is based in the United States and that the European Commission does not consider United States laws to provide an adequate level of data protection. If I am a resident of a country of the European Union, I understand that my consent is the lawful basis for transfer of my personal data to the United States and that I can withdraw my consent at any time. I also understand that the transfer of my personal data to the United States in the absence of adequate protection and without safeguards deemed appropriate by the European Commission may pose certain risks, including that United States law may not provide for data processing principles, data subject rights, or enforcement of those rights analogous to those in the European Union. For a full description of AILA’s data collection and privacy policy, visit http://www.aila.org/privacy-policy.

Attendance Reporting on webCLE
You must sign in and timely submit attendance using webCLE in order to receive CLE credits. The total number of credits available for AILA events is determined by state bodies and may vary by jurisdiction.

Use of Photographic Images
Registration and attendance at the AILA conferences and events constitute an agreement by the registrant to the use and distribution of the registrant's image, voice, and/or electronic communication in photographs, video recordings, electronic reproductions and video/audio recordings of such events by AILA. Your registration may include technology that monitors your activities throughout the meeting, such as session attendance and booths visited.

ADA Request
AILA will provide ADA assistance if requested. Please e-mail conferences@aila.org with your special needs at the time of conference registration. Assistance may not be available if an adequate notice period is not provided.

Conference Hotel

Westin Kierland Resort & Spa
6902 E Greenway Parkway
Scottsdale, AZ 85254

AILA Group Rate: $289 for run of house single/double, plus $20 resort fee and tax

The AILA group rate has sold out at the conference hotel. Please check the reservation link periodically as there may be cancellations.

To reserve a room, call 1-800-354-5892 and refer to AILA Group Rate. You can also reserve online.

Overflow Hotel

(next to the Westin Kierland, few minutes walk)

AC Hotel By Marriott Scottsdale North

15200 N Kierland Blvd. Scottsdale, AZ, 85254
3 min walk, 0.1 mile from Westin Kierland

AILA Room Rate: $273 Single/Double, plus applicable taxes

To reserve a room, call 1-480-607-5555 and refer to the AILA Group rate. You can also reserve online.

Hotel Cut-off Date: September 6, 2023

A credit card is required to secure a reservation. Should the reservation be cancelled within the 2 day cancellation period, a one-night room and tax cancellation charge will be charged to the card used to reserve.

Hotel reservations are made on a first-come, first-served basis. Rooms at the AILA rate will sell out before the deadline, so we advise you to make your reservation as early as possible. AILA will not be able to get additional rooms at the AILA rate after the AILA block of rooms fills up.

The specially discounted AILA group rate has been contracted for room nights reserved from September 28, 2023 through September 30, 2023, only. The AILA group rate is not guaranteed for any other dates and will be based on availability.


Lodging Options Near Westin Kierland

*AILA does not have a group rate at the properties listed below. Room rates and availability listed below are as of 7/31/23 and subject to change anytime. Please check cancellation policy for each property before reserving your stay.

Residence Inn Scottsdale North

17011 N Scottsdale Rd, Scottsdale, AZ 85255
5 min drive, 1.7 miles from Westin Kierland
$188/night + taxes and fees

Courtyard Scottsdale North

17010 N Scottsdale Rd, Scottsdale, AZ 85255
4 min drive, 1.5 miles from Westin Kierland
$267/night + taxes and fees

SpringHill Suites by Marriott Scottsdale North

17020 N Scottsdale Rd, Scottsdale, AZ 85255
5 min drive, 1.6 miles from Westin Kierland
$167/night + taxes and fees

Sheraton Desert Oasis Villas, Scottsdale

17700 N Hayden Rd. Scottsdale, AZ, 85255
8 mins drive, 3.4 miles from Westin Kierland
Average Rate: $204/night + taxes and fees

Scottsdale Marriott at McDowell Mountains

16770 N Perimeter Dr., Scottsdale, AZ, 85260
8 mins drive, 3.2 miles from Westin Kierland
Average Rate: $295/night + taxes and fees

Best Western Plus Scottsdale Thunderbird Suites

7515 E Butherus Dr., Scottsdale, AZ, 85260
4 mins drive, 1.4 miles from Westin Kierland
Average Rate: $125/night + taxes and fees

Extended Stay America

15501 N Scottsdale Rd., Scottsdale, AZ, 85254
3 mins drive, 0.9 miles from Westin Kierland
Average Rate: $103/night + taxes and fees

In-person and webcast cancellations received by August 30, 2023, entitle registrants to a full refund (less $50 processing fee). Cancellation requests will not be accepted after August 30, 2023, but the conference materials will be made available to all registrants in their AILA Digital Libraries. Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. All cancellations must be submitted by email to conferences@aila.org.

Notice: All registrations and reservations are subject to acceptance. Registrations and reservations received without payment will be returned. Registrations are not transferable and cannot be split among conference attendees. Any and all liability of AILA with respect to registration, reservations, cancellations, changes in the date, location or content of the program, and refunds is limited to a sum no greater than the registration fee paid. Under no circumstances shall AILA be liable for incidental or consequential damages of any kind, including, but not limited to, the cost of transportation or lodging. Submission of registration and payment constitutes acceptance of the terms and conditions herein.