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u Issue 6.1
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crimmigration

Partners in Crime
Working with
criminal defense
counsel. 8

on the docket

practice management

dapa

Overcoming Delays
in District Court

Dont Undervalue Your

Immigration Services

Five Things You Need

to Know About DAPA

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

TABLE OF CONTENTS

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practice pointers

For 2015, Set Out to

Achieve SMART Goals

When making resolutions, keep these

qualities in mind: specific, measureable,
attainable, relevant, and timely. 3

No Answer, No Problem

If your district case is in a state of limbo,

consider these options to get it moving. 4

Proving Hardship
Based on Health Issues
Tips to keep in mind when trying
to establish extreme hardship for a
qualifying relative. 6

TABLE OF CONTENTS

GET CONNECTED

Tears, Illness, Injustice

13

whats trending

Fighting the good fight for families.

VIDEO: Freeing Moms, Kids in Artesia 13

Partners in Crime

Working with criminal

defense counsel. 8

whats TRENDING

practice management

Five Things to Know

About DAPA

Dont Undervalue
the Great Benefits of
Your Legal Services

11

thanks to our sponsor:

Push through the guilt and

take on a fresh outlook. 7

Career Consulting International

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

inter alia

The Power of History

Historical context can help you better

understand your clients circumstances
and make you an effective advocate. 15

member advantage

Grow Your Network with AILA

Free tools, such as AILAs Immigration
Lawyer Search, can help you expand. 17

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For New Years Resolutions, Set Out to Achieve SMART Goals

few that matter most. Relevant goals are more helpful
and more likely to gain support from team members.

by Cletus M. Weber

s immigration lawyers begin 2015, we will make

our resolutions for the year, just as others do.
Unfortunately, by springtime, most of these
goals will likely already have been pushed aside
because they were not SMART goals. SMART is an
acronym attributed to George T. Dorans published
work from the early 1980s. It stands for Specific,
Measureable, Attainable, Relevant, and Timely.
SMART is outlined below, along with some tips for
applying it to your practice goals for 2015.

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Specific

Timely

as the saying goes, what gets measured gets done.

Second, you can only tell whether you are actually
making progress if you have a specific metric for
measuring, such as dollars per year, hours per month,
work-free days at home with the kids, etc.

Be specific by answering the following six W

questions about each goal:
Who: Who needs to participate?
What: What do you want to accomplish?
When: When do you want to meet the goal?
Where: Where is this going to happen?
Which: Which aspects are most important?
Why: Why do you want to achieve the goal?

Attainable

Measureable

Relevant

Measurability is important for two reasons. First,

Part of the enjoyment of setting goals is achieving them,

so set goals you can achieve. If you feel compelled to set
incredibly difficult goals, try also setting more reachable
milestones along the way toward the ultimate goal. In
other words, make incremental goals. (Also, establish
a nice, but not necessarily extravagant, reward for
yourself and your team for meeting the goal.)
Among dozens of possibly important goals, focus on a
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Set specific deadlines. Vague deadlines typically yield

poor results, and your long-term goals merely get
pushed aside by the pressing matters of each day.
Setting large goals for faraway dates is meaningless
if you do not break the overall goal into pieces that
need to be completed along with the wayi.e., that
need to be completed now.
Overall, goal setting is similar to most business
planning, in that a lot of value derives simply from
having taken the time to think critically about your
practice and how to make it more effective, efficient,
and enjoyable. Do what it takes to make SMART goals
in the first place, so you can achieve more in 2015.

CLETUS M. WEBER is co-founder of Peng & Weber,

PLLC, based in Mercer Island, WA. He is a senior editor of
Immigration Options for Investors & Entrepreneurs, 3rd Ed.
The authors views do not necessarily represent the views of
AILA nor do they constitute legal advice or representation.

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No Answer, No Problem: Overcoming Delays in District Court

by Bradley B. Banias

So, if you are stuck in limbo, awaiting a

government response ... do not move
for default, but consider these options
instead.

t is a common scenario: You file suit in district court.

Thirty days pass. Nothing. Fifty-five days pass.
Nothing. You check with the local U.S. Attorneys
office to make sure service was perfected. It was.
But on the 61st day, still, nothing. Your client is getting
antsy. The local assistant U.S. Attorney explains that
the Office of Immigration LitigationDistrict Court
Section (OIL-DCS) is handling the case. You call OILDCS, but no one there has ever heard of it. What do
you do? Your options vary.

TOOLBOX

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Immigration
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DO consider serving the government

with discovery requests.

DO consider moving for a

preliminary injunction.

If the ongoing delay is or will cause your client

irreparable harmharm beyond financial harmyou
should consider a motion for a temporary restraining
order or preliminary injunction. The standards for
these motions are well-known: likelihood of success
on the merits, irreparable harm to the petitioner
without a stay, prejudice to the government, and
the public interest. Seeking a stay, however, can be
a double-edged sword because the court will assess
the merits of your underlying claims at the outset

of the case. And if the court denies your motion for

a preliminary injunction and finds that you are not
likely to succeed on the merits of your claims, when
you get to the merits, you will practically have to
overcome this finding. That said, such a motion will
get the governments attention because, in certain
circumstances, the government will have only three
days to respond.
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Generally, you must seek a court order to serve

discovery if you choose to serve it before you have a
discovery conference. However, if your case is exempt
from initial disclosurescases under the Administrative
Procedure Act are exempt from initial disclosures
nothing in the rules precludes you from serving
discovery at any time. The benefit of simply serving
discovery is that you do not have to file anything with
the court because as a practical matter, you are giving
the government a new response deadline without
getting the court involved. The downside is that,
generally, there is no discovery allowed in routine visa
delay and denial litigation. But if you serve discovery,
at a minimum, the government will have to move for a
protective order, which will allow you to achieve your
goal of catalyzing government action.

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5

Furthermore, if the government moves

for an extension anyway and you oppose,
you can explain to the court that you
affirmatively offered the government 10
days in a good faith effort to resolve the
dispute amicably. Courts love that.
DO consider affirmatively offering the
government a limited extension of time
to answer.

Get 24/7 access to all

the resources you need ...
With none of the heavy lifting.

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heavy immigration law research.
*Kurzbans 14th Edition coming to AILALink soon; 13th edition currently available.

This sounds crazy; I know. This may seem too nice,

especially for a delayed case. But it does a couple
of things. First, you engender goodwill with the
government attorney who advises the client agency.
Because the agency typically has the opportunity
to moot out a case by simply granting a petition,
goodwill can go far. Second, you limit the extension
length. Typically, the government will move for an
extension for either 30 or 60 days. If you offer them
10 days, you can limit or at least start negotiations
over the extension length. Furthermore, if the
government moves for an extension anyway and
you oppose, you can explain to the court that you
affirmatively offered the government 10 days in a
good faith effort to resolve the dispute amicably.
Courts love that.

vt

previous

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

DO NOT move for a default judgment.

Although the Federal Rule of Civil Procedure 55(e)

allows a court to enter a default judgment against a
U.S. government agency, it is widely accepted that
a court will not enter default judgment against a
federal agency simply for a failure to file an answer
or responsive pleading. The case law on this issue is
uniform and it will require an exceptional case to get
around it.
So, if you are stuck in limbo awaiting a government
response to your properly filed and served
complaint, do not move for default, but consider
these options instead. Depending on the case, your
relationship with the local U.S. Attorneys Office,
and your client, you can go in like a tornado by filing
a motion for a preliminary injunction or you can
act as a refreshing breeze by offering an extension
of time to respond. Either way, you will get the
governments attention and stimulate action on your
otherwise stagnant case.

BUNDLE +SAVE

Federal Court
Immigration
Litigation
Practicum
+ Litigating
Cases in
Federal Court
+ LIBRARY

BRADLEY B. BANIAS, a former attorney with DOJs Office of Immigration

Litigation, is developing a nationwide, federal court immigration litigation practice
at Barnwell, Whaley, Patterson and Helms in Charleston, SC. The authors views do
not necessarily represent the views of AILA nor do they constitute legal advice or
representation.

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Proving Extreme Hardship for a Relative Based on Health Issues

by A. Rene Pobjecky

T
BUNDLE+SAVE

AILAs Waivers
Combo
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RECORDED
Provisional
Waivers I-601A
One Year Later
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he filing of an I-601 waiver or an I-601A

provisional waiver may be the only remedy
available to a client who violated INA 212(a)(9)(B)
for being unlawfully present in the United States
for certain periods of time. An applicant seeking a
waiver must demonstrate extreme hardship to a U.S.
citizen (USC) or lawful permanent resident (LPR) spouse
or parent. Here are some tips to keep in mind when
trying to establish extreme hardship for a qualifying
relative based on health issues, among other reasons.
It is important to mine for information about the
qualifying relatives medical background in detail. For
example, is there a history of physical, mental, drug, or
alcohol abuse? If the qualifying relative has struggled
with addiction, ask if there is a risk of relapse. And do
not hesitate to scan for visible scars or handicaps.
Also ask about the health of the qualifying relatives
children, if any. While a child is not a qualifying
relative for the unlawful presence waiver, oftentimes,
his or her severe medical conditions can be imputed
to the qualifying relative.

Country condition reports

... can shed light on deplorable
living conditions and limited
access to medical care, both of
which threaten ones health.
Changsha City, China
Once the ailments of the qualifying relative and/
or a child have been identified, obtain supporting
evidence, such as medical records and declarations
from counselors, mental health providers, friends,
and family members. Also, medical personnel are
generally willing to provide a letter detailing an
individuals diagnosis, prognosis, and treatment.
Country condition reports issued by the Department
of State, as well as university studies, can shed light
on deplorable living conditions and limited access to
medical care, both of which threaten ones health.
For example, if a child suffers from asthma, include
a report on pollution and air quality in the native
country.
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

Remember that U.S. Citizenship and Immigration

Services will not want to review lengthy, complex
records to determine an individuals medical
history. Thus, submit only the medical professionals
letter, prescriptions, certain medical documents,
government-issued reports, and photos. And in the
absence of a letter, reports can be obtained from the
Mayo Clinic or WebMD.

A. RENE POBJECKY works at Pobjecky & Pobjecky LLP

in Winter Haven, FL. The authors views do not necessarily
represent the views of AILA nor do they constitute legal
advice or representation.

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Dont Undervalue the Great Benefits of Your Legal Services

by Reid F. Trautz

o you believe that many of your clients would

not use your services if you charged more? How
often do you discount your fee because once you
meet the client, you know he or she cannot afford
your full rate? Do you have an internal wrestling
match with yourself each time you quote a fee because
the potential client sitting in front of you can barely
make ends meet?

PODCAST
Be Well:
Beating
Addiction,
Depression, &
Compassion
+ LIBRARY

RECORDED
From
Consultation
to Contract
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At the end of the day, do these struggles wear you down

and make you wish for less stress in your practice?
Its time to push through the guilt, end the wrestling
matches, and begin with a new outlook. Its time to
change the way you value your own services.
By limiting your own expectations of the value of your
services, you are devaluing the benefits you provide
to your clients. Stop for a minute, grab a handy client
file, and look through it. When the case is completed,
what will you have helped your clients achieve? A
more financially stable business? Marital bliss? A
better life for themselves and their families? A way

Its time to push through the guilt, end

the wrestling matches, and begin with a
new outlook.
to make a living free from persecution? What is the
value of the peace of mind you provide to your clients
throughout the arduous obstacle course known as U.S.
immigration? Now put a price on all that. Go ahead,
your clients do. How much more money will they
earn because of you? Can you even put a price on the
happiness and relief they will feel?
So how much is that total benefit in relation to your
customary feethe fee you want to charge, but often
dont because of self-limiting guilt or fear? Your fee is
bound to be just a small fraction of the overall benefit
you helped your client obtain. Feeling better now?
Who else are you hurting with your limiting belief
about the value of your services? Your firm? Your
family? By breaking through the value ceiling, youve
placed on your services, how much more money could
you make to hire that much-needed employee? How
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

much more time could you spend with family or save

toward your retirement if you charged clients what
your services are really worth?
If your true vision is to help as many clients as
possible, isnt it better to be financially prepared to
run a marathon rather than a sprint? You can go
much farther with your vision when you are in sound
financial shape to run the full distance.
Does this mean you cant ever take a pro bono case?
Of course not. But pro bono cases should be taken
from your professional obligation and personal desire
to give back to the community you serve, not out of
guilt. A pro bono client isnt always the one who can
least afford your services, but he or she may be the one
who needs them the most.
No one should tell you what to charge, but it is
important that you know why you charge. It makes a
world of difference in your practice.

REID F. TRAUTZ is the director of the AILA Practice and

Professionalism Center.

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8

Partners
in
Crime:
Working with Criminal Defense Counsel
by Evangeline M. Chan

n the wake of the landmark U.S. Supreme Court decision, Padilla

v. Kentucky, 599 U.S. 356 (2010), which held that noncitizens had
a constitutional right under the Sixth Amendment to be advised
of the immigration consequences of a guilty plea, the criminal
bar is now responsible for more than just criminal defense. It now
has a duty to be familiar with the deportation risks of certain
offenses and give accurate legal advice concerning such risks. That
is a significant obligation that carries high stakes for failure to
complynot only could the noncitizen be facing possible removal
from the United States, but the defense attorney could be exposing
him- or herself to a possible ineffective assistance of counsel claim.

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

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Positioning Yourself

Once a noncitizen is accused of a crime, the need

for careful analysis of the noncitizens complete
immigration and criminal history is critical to avoid
or minimize adverse immigration consequences or
to preserve the noncitizens eligibility for relief in
any subsequent immigration proceedings. Given
these high stakes, most members of the criminal bar
have been educating themselves on the immigration
consequences of certain pleas and arming themselves
with reliable resources and tools to be able to give
competent advice.
Here is where immigration attorneys come in. While
there are many great resources for defense attorneys,
nothing compares to the personalized attention of an
experienced immigration attorney who will dedicate
the time to comprehensively review a case.
Here is an example: I once received a call from a
defense attorney representing a lawful permanent
resident facing controlled substance offense charges
in federal court. The attorney wanted to know which
plea offered by the assistant U.S. Attorney should
he accept or which plea he should counteroffer. He
had an upcoming court date and wanted a quick
response over the telephone. I explained to him
that I cannot simply choose between pleas without
vtv

previous

You might offer to negotiate directly

with the prosecuting attorney since
you are better positioned to explain the
immigration consequences of certain
pleas and can argue for favorable
discretion.
knowing the clients complete history. The attorney
insisted he could tell me everything I needed to
know and proceeded to do so over the telephone. I
remained firm and the attorney finally referred the
client to me for a paid consultation. After a complete
review of the clients history, I saw a possible
derivate citizenship claim, which, needless to say,
would have rendered the issue of deciding between
pleas less essential.
As immigration practitioners, our knowledge and
experience is invaluable to any criminal defense
attorney. We can offer strategies and solutions that
one cannot devise simply by referring to a book or
researching online.
In addition, there are many stages in the criminal
process where an immigration attorney can offer his
or her services, not just during plea negotiations. For
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

example, if a noncitizen learns that an Immigration

and Customs Enforcement (ICE) detainer has been
lodged, you can offer to advocate for his or her
release despite the detainer or have the detainer
lifted. Note, however, that multiple jurisdictions
across the country have been refusing to honor ICE
holds or are complying with them on a limited basis.
Read a previous VOICE article on the topic. Learn
the rules that apply in your jurisdiction so you can
be prepared to advise the noncitizen and/or defense
counsel.
You might offer to negotiate directly with the
prosecuting attorney since you are better positioned
to explain the immigration consequences of certain
pleas and can argue for favorable discretion. In
reviewing a clients rap sheet and history, you might
identify a possible case for post-conviction relief
either a motion to vacate judgment based on Padilla
or other constitutional grounds. So, you see, there are
many ways in which your services can be used even
before an immigration case ripens.

Selling Yourself

Here are some tips on how to maximize the

collaboration between you and the criminal defense
attorney and become the go-to for criminal/
immigration advice:

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Protecting
Your Clients
Who Have ICE
Detainers
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Criminal Law
Basics for the
Immigration
Practitioner
+ LIBRARY

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NETWORK. Become a member of your local bar

associations criminal defense committee and attend
committee meetings and functions. Offer to do a
presentation on the intersection of criminal and
immigration law.

Dont base
tomorrows case on
yesterdays law.

EDUCATE. Keep your new contacts updated by

sending interesting articles or news releases relevant
to this area. Keep them informed of proposed bills or
new cases that may affect them.
PUBLISH. One defense attorney found me after
reading an article I had published on a New York
Court of Appeals case dealing with the duty of judges
to warn about immigration consequences of a plea.
Stay current and write a commentary or analysis of
recent cases or developments in the area of criminal
and immigration law.

Comprehensive, Authoritative
Immigration Law Analysis
+ ORDER

ORDER THE NEW 14TH ED.

OF KURZBANS TODAY.

INTAKE. Treat the noncitizens criminal case as you

would any other immigration case and do a complete
intake, including complete immigration and criminal
history with official documents, such as the rap sheet
and the FBI report. Only with all the facts in front
of you can you make an accurate assessment. When
you can impress defense counsel with your outside
the box analysis, he or she will come back to you on
other cases.
vvt

previous

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

TAKE YOUR TIME. Do not feel pressured to offer

advice on the spot. You must do your due diligence
first. Conduct a comprehensive intake and do
research if necessary. Inaccurate or erroneous
advice will only hurt you, the defense counsel, and
the client.
BE HANDS ON. Once you have been retained, do not
rely on defense counsel to do investigative work for
you. Be resourceful and do the legwork to obtain the
necessary information on your own. Keep defense
counsel apprised of progress so he or she knows the
amount of work that goes into a case. If the client
is detained, visit him or her in jail or hold a video
conference. This will show the client that you are
invested in the case, thereby leading to potential
referrals from the client, as well.
By following some of the tips above, you will establish
yourself as an expert in this complicated field and
become an indispensable resource for defense counsel
whenever they have a noncitizen client.

SEMINAR
Advising the
Defense Bar on
Crimmigration
Consequences
+ LIBRARY

BOOK

Immigration
Consequences
of Criminal
Activity
+ LIBRARY

EVANGELINE M. CHAN handles all aspects of immigration and nationality law.

She also teaches immigration law at CUNY Hunter College, CUNY School of
Professional Studies, and for Marino Legal. The authors views do not necessarily
represent the views of AILA nor do they constitute legal advice or representation.

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Five Things to Know About DAPA

by Patrick Taurel

Its lawful.

Itll impact approximately

4 million people.

Not all parents will qualify.

Application period hasnt

even begun.

he most impactful component of President Barack Obamas

Immigration Accountability Executive Action will be the
creation of a new program designed to offer deportation
reprieves and work authorization to undocumented parents of
U.S. citizens and lawful permanent residents who pass a background
check and meet other requirements. Here are five things you need
to know about this new program, which U.S. Citizenship and
Immigration Services (USCIS) calls Deferred Action for Parents of
Americans and Lawful Permanent Residents (DAPA).
ITS LAWFUL. The DAPA program was carefully vetted by lawyers
with the Department of Justices Office of Legal Counsel (OLC),
which provides authoritative legal advice to the president and all
the executive branch agencies. The OLC opinion explains that
Congress has given immigration officials wide latitude in enforcing
the immigration lawslatitude that the U.S. Supreme Court recently
recognized in Arizona v. U.S., the case against Arizonas harsh
immigration law, SB 1070. In that case, the Court stated that the broad
discretion exercised by immigration officials is a principal feature
of the removal system. Moreover, as the American Immigration
Council previously explained, there is ample historical precedent for
executive branch action on immigration matters. Since 1956, in at least
39 instances, presidents of both political parties have acted to protect
families from separation and in response to foreign policy crises.

5 There are a lot of open

questions.

ITLL IMPACT APPROXIMATELY 4 MILLION PEOPLE. The Migration

Policy Institute estimates that as many as 3.7 million undocumented
immigrants potentially qualify for DAPA.
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

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network with your peers
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office inEstonian Teretulemast Finnish
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registration is free!

NOT ALL PARENTS OF U.S. CITIZENS AND LAWFUL

PERMANENT RESIDENTS WILL QUALIFY. Individuals
will have to meet several requirements to fit within
the class of people eligible for DAPA. In addition to
having a U.S. citizen or green-cardholding child,
individuals will have to demonstrate that they have
lived in the United States since before January 1,
2010. The program is only available to individuals
who were physically present in the United States
on November 20, 2014, and who had no lawful
status on that date. Finally, if a person falls within
the new Department of Homeland Security (DHS)
enforcement prioritiesa list that includes people
suspected of terrorism, gang associations, certain
immigration law violators, and individuals convicted
of a wide array of crimesthen that person wont
qualify for the program.
THE APPLICATION PERIOD HAS NOT BEGUN. USCIS
is scheduled to begin accepting DAPA applications
around May 19, 2015. The filing fee will be $465,
which will cover adjudication costs and a required
background check. The DAPA application form has
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AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

not yet been unveiled. Potentially eligible individuals

may want to begin preparing for the application
period by learning more about the program, saving
up for the application fee, and gathering documents
like passports or other identification, kids birth
certificates, and records showing residence in the
United States since before January 1, 2010, up to the
present. Individuals who are approved will receive
deferred action and work authorization for three years.
Even though the application period has not begun,
DHS has been instructed not to detain or deport
eligible individuals.
THERE ARE LOTS OF OPEN QUESTIONS. Some
individuals will clearly be good candidates for DAPA
while others wont. But there are plenty of gray areas.
For example, will the agency consider the adoptive or
step-parents of U.S. citizens and green-card holders
to be eligible? How much evidence will be required
to demonstrate that a person continuously resided in
the United States since before January 1, 2010? Even
more fundamentally, how will continuous residence be
defined? These are some of the many policy questions
the agency will have to grapple with between now and
the initiation of the application period.

PODCAST

AILA

If a significant number of eligible individuals apply, it

will mean that millions of U.S. citizen kids will finally be
able to go to school without fearing that their parents
will be gone when they get home.

Late-Breaking
Podcast on the
2014 Executive
Actions (FREE)
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PATRICK TAUREL is a legal fellow with the American Immigration Council.

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13

Artesia: Through the Tears,

Illness, and Lack of Due Process

follow AILA:

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by Heather Majam

ve volunteered at Artesia not once, but twice, and I still want

to return. My time there was one of my lifes most difficult yet
amazing experiences. It was a privilege to make a difference
in these womens lives and meet all of the caring volunteers.

AILA

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Trauma (FREE)
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I first went in August 2014 and stayed for seven days. But in
Artesia time, that felt like weeks. My days usually started
by arriving at the detention center around 6:45 am and ended
anywhere between 10:00 pm and midnight. When the other
volunteers and I first arrived, there was a moratorium on
removals because one of the detainees had chicken pox. We found
out several days later that the moratorium would be lifted days
earlier than expected. We were assured, however, on a Wednesday
that no planes were going out until the following Monday. So you
can imagine my surprise and utter disgust when I requested to
see a client on Thursday afternoon, only to find that she had been
removed. As a relatively new attorney, I had never experienced
anything similar to that, so I didnt really know how to handle it.
But since there were scores of people to see that day (I think 13
attorneys saw 60 people in one day), I had to keep going.

next

u
Helping to free moms and kids

Keep informed and follow AILA!

AILA InfoNet
Doc. No. 15010745. (Posted 1/7/15)
uw

AILA member and Artesia Pro Bono Project

volunteer Lisa Laurel Weinberg discusses
representing and winning a mothers asylum case
in the multi-part series, Helping Free Moms and
Kids from Artesia. For even more on-the-ground
experiences, check out AILAs YouTube channel.

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14

THE FIGHT ISNT OVER.

AILA STILL NEEDS YOUR HELP!

While the Artesia Family Residential Center

has been shut down, some of the families
were transferred to either the Karnes County
Residential Center or the new South Texas
Family Residential Center, both outside of
San Antonio, TX.
We are currently recruiting volunteers
through February, so act fast! Our greatest
need is for Spanish-speaking attorneys who
are experienced in asylum work. Join the
fight at www.aila.org/beavolunteer.

+ VOLUNTEER

We would meet with clients in what was called the

law library. It consisted of a big open trailer with
several little tables scattered throughout the room. We
saw woman after woman fleeing horrific conditions.
The most difficult part was knowing that they were
still facing awful conditions, but now at the hands of
the U.S. government. Apart from their due process
rights having been trampled on, their children were
suffering to the point that some women simply gave
up and agreed to be removed. More than one woman
told me that they feared returning home, but that
they could not bear to stay in Artesia any longer. And
every woman I interviewed told her story with her
children present, often in her lap, and some had to
breastfeed right in front of Immigration and Customs
Enforcement officers.

well. At the last big table meeting, while sharing our

experiences, many of us broke down in tears.

Following a lengthy and exhausting day of client

interviews, reviews of negative fear determinations by
immigration judges (IJs), and master calendar hearings,
we would debrief at the big table to discuss the days
events. And over time, the conditions at Artesia took a
toll on the health of the children and the attorneys. For
example, many children suffered from chronic diarrhea
or fever, and, according to the mothers, the doctors
answer was to give them water. I saw one child that
was literally purple and limp in her mothers arms.
Many of the attorneys in our group went home sick, as

The only reason we have been able to make a difference

is because of all the volunteers. Now that Artesia is
closing, we still need people to go to the facility in
Karnes, TX, and the new facility opening in Dilley, TX.
That is the only way this project works. I encourage
everyone to take the time to volunteer. When you see
the difference you can make, you will be glad you did.

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AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

I went back to Artesia in September and stayed for 10

days. Another volunteer expressed it well when she
said, I had unfinished business. I am so proud of what
AILA has accomplished. I truly believe the government
thought it could detain these women in a makeshift
detention center in the middle of nowhere, with only
the appearance of due process, and remove them as
quickly as possible. AILA stepped up and completely
changed things. Many women with negative credible
fear determinations (and often negative IJ reviews) are
getting new interviewsand with proper legal counsel,
they are getting positive determinations. Bond went
from $30,000 to as low as $1,500 in some cases.

HEATHER MAJAM is an attorney with the Devore Law Group, P.A. in Palm Beach
Gardens, FL.

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15

Immigration Attorney Puts History Knowledge to Good Use

by Amelia S. McGowan

Let the history we lived

Be taught in the schools
So that it is never forgotten,
So that our children may know it.

Testimony provided to the Guatemalan Commission

for Historical Clarification

BOOK

AILAs
Asylum Primer,
6th Ed.
+ LIBRARY

eople often say that the fields of law and history

are inextricably linked. I whole-heartedly agree:
as lawyers, we know that laws and historical
events do not exist in a vacuum; rather, each
constantly influences the other. Both disciplines
require strong writing and critical thinking skills, as
well as the ability to synthesize a multitude of oftencomplicated and arcane sources. Regarding asylum
law, historical context can enhance understanding
of the larger forces at work in our clients
circumstances, thereby helping attorneys engage in
more effective advocacy.
As someone who handles a large number of
Guatemalan asylum cases, I am constantly

Despite Guatemalas many reforms since La Violencia,

widespread government corruption and discrimination remain,
affecting clients who may not even remember the civil war.
incorporating my undergraduate and graduate
history knowledge into my practice. While experts
are extremely helpfuland often crucialto our
clients cases, their limited role in the larger
asylum process often requires us as practitioners to
understand relevant history in order to best represent
our clients. For that reason, my background in
history influences the questions that I ask my clients
AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

and the manner in which I do so (could my client

have any particular sensitivities or vulnerabilities
based on his or her identity and experiences, for
example?), as well as the other resources to which I
may refer my clients. Bearing in mind each clients
unique situation, understanding larger historical
forces often allows me to see patterns of persecution
that may not be entirely evident otherwise.

next uw

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16

AILAs Annual Conference

on Immigration Law
Explore the possibilitiesjune 1720, 2015

While experts are extremely helpfuland

often crucialto our clients cases, their
limited role in the larger asylum process
often requires us as practitioners to
understand relevant history in order to
best represent our clients.
Young indigenous Guatemalan clients, for example,
often tell me that they fear returning to Guatemala
because of maras (gangs) or delincuentes (delinquents,
criminals). While this information is no doubt valid
and important in itself, the issue of gang violence
in Guatemala is, at least in part, a legacy of state
terror and persecution, most recently and notably
against indigenous Guatemalans (as well as some
non-indigenous Ladinos) during the Guatemalan
Civil War from 1960 to 1996. While the government
has, at least officially, implemented many reforms
since La Violencia (The Violence), widespread
and systemic government impunity, corruption, and
discrimination remain, creating the perfect storm for
the proliferation of gangs.
Therefore, a young indigenous Guatemalan clients
expressed fear of gang activity will prompt a series
of questions concerning these broader, historical
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AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

factors, including the governments inability and/

or unwillingness to provide meaningful protection
to indigenous communities based on historical
discrimination (including the inability of many
police officers and court staff to speak indigenous
languages), anti-gang vigilante justice groups
sometimes composed of ex-military or paramilitary
members from the Civil War, and government seizure
of indigenous lands, to name a few. The clients
answers often demonstrate that even if he or she is too
young to remember The Violence, the client is usually
painfully familiar with its continuing legacies.
As immigration practitioners, particularly in the
realm of asylum law, we are often required to think
broadly and creatively in order to zealously represent
our clients. Knowledge of the larger historical
forces shaping our clients circumstances serves as a
powerful tool, leading us to explore potential angles
and arguments that may remain elusive after a simple
interview. So embrace your inner history buff
because doing so could make you a better lawyer.

RECORDED
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20

AT
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dent Networking Event, Exhibit Hall Grand Opening Gala, Nonimmigrant Visa OverviewAlphabet
, Business Immigration 101Business Makes the World Go Round, Family Immigration 101All
py Hour Q&A with AILA Authors & Experts in the, If I Had a Million DollarsFundamentals of EB-5
ney Never SleepsAdvanced Issues in EB-5 Visa Processing, Documenting Hardship Through
of Immigration LawConflicts of Interest, Adopting a Child While Living Abroad, The Building
plying with USCIS Policy Memo on Adoption, How to Deal with Impossible Visa Denials and
ception, Conference Kick-Off, Presidents Installation, Keynote, Hot Topics with the AILA National
rimer on Immigrant Visa Processing, Waivers A to ZAn Overview of NIV and IV Waivers, I-601/Ige Issues for Religious Workers, Ethics and Practice Management in the Digital Age, From STDs to
osts Strike BackAdvanced Consular Processing Issues for Business Visas, Time-Barred Motions
Years Later the PERM Process Can Still Surprise, Business in the 21st CenturyVirtual Office
anic?, USCIS District Office Practice, Mock InterviewsAdvanced Marriage-Based Waiver and
ating the Direct Consular Filing, Behind Closed DoorsAn Insiders Perspective on the Immigration
g?What the Government Knows About Your Client, Increasing the Efficiency and Profitability of
Make It Big, Put the Smart Phone DownNetworking and the Art of the Schmooze, Consortium of
ook at Removal Proceedings, To 42B or Not to 42BShould You Ever Try to Get Your Client Placed
Rethinking the Exceptional and Extremely Unusual Hardship Standard, Dont Put Your Client at
ntedCase Not Closed, From NVC to Consular ProcessingThe Road to Success, Introduction to
gration Court, Thats Not What Specialty Occupation Means, Fear of ReturnAccessing Protection
Asylum Claims, Arguing H-1B Cap ExemptionsIs Your Client Affiliated?, My Ever-Changing
er, Gettin Cozy with Blanket L-1 Visas, To B or Not to B? The Thin Line Between Use and Abuse of
hallenges, Top Inadmissibility Issues inIOAdjustment of Status, Part I: Non-Criminal
Issues, Top

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... or Until the I-751/I-485 Is Approved? Consequences of a Sham Marriage Finding, Overcoming
but Often Out of Reach, Other Employment-Based Options for Beginners, International Man (or
As and L-1Bs), PERM FundamentalsPart I, PERM FundamentalsPart II, Introduction to the
tment of State (DOS) Open Forum, U.S. Department of Labor (DOL) Open Forum, U.S. Customs and
um, E-Verify/Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)
vices (USCIS) Open Forum, Executive Office for Immigration Review (EOIR) Open Forum, U.S.
of Storytelling, Mastering the Mechanics of a Removal Hearing I: Practical Pretrial Plan, Mastering
aud Investigations Gone WildStrategies at USCIS and During Removal Proceedings, Shifting
ches Tactics to Get There, Preparing the Record for Appeal from Day One of Your Representation,
duates, ABCs of F-1 & J-1 Visas (Fundamentals), But, I Didnt Inhale!Immigration and State
s of Coming Clean, When ICE Comes KnockingDealing with ICE Audits and Beyond, A Difficult
Advanced Issues in Worksite Compliance, AILA Annual Awards, AILA Saturday Night Party, CARRP
ssibility Issues, Sticky Situations and Ethical DilemmasWhat Not to Do! Developments in H-2B
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2, 2015
J-1 Waivers, Naturalization
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ere! K-1 and K-3 Visa Refresher, When Size MattersEntrepreneurs/Small Business Panel, E-1/E-2
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ed To Know About Federal Court, The Business of Dealing with CBP, Wheres the Line? Ethical

Preparing for
Credible Fear
Interviews
(FREE!)
+ LIBRARY

AMELIA S. MCGOWAN is a solo practitioner in the historic city of Vicksburg, MI.

She handles a variety of immigration and commercial law cases. The authors views
do not necessarily represent the views of AILA nor do they constitute legal advice
or representation.

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17

Expand Your Professional Network with AILAs Free Tools

Build Your Client Base with
AILAs Immigration Lawyer Search

As a member of AILA, consider joining AILAs

Immigration Lawyer Search (ILS), which is free to all
members who meet the criteria outlined below. The
ILS website allows potential clients, employers, and
other attorneys to search for AILA attorneys who meet
their specific needs in just a matter of seconds!

AILA

PODCAST

Benefits of
Being an
AILA Member
(FREE)
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In 2014, more than 71,000 potential clients visited

the Immigration Lawyer Search page with more
than 81,000 unique searches based on the type
of immigration law practiced, the highest being
Deportation-Removal, averaging 910 a month.
This spectacular service for your practice is free for
AILA members who meet the following criteria:
Be an approved AILA member for at least two
years;
Carry professional liability insurance with a
minimum of $100,000 of coverage;
Have completed at least nine hours of continuing
legal education classes within the last year.
Be licensed and in good standing with a state bar.

For Job Seekers and Employers,

Start with the AILA Career Center

AILAs Career Center offers a platform for immigration

attorneys to post ads to fill vacancies with the
most qualified candidates, and it allows those who
are seeking employment to search a wide array of
openings. All job postings are reviewed by AILA before
being made available online to protect our users from
illegitimate postings. Additionally, these ads can be
shared with members of the Legal Job Exchange, which
includes the American Bar Association and others.

But the Career Center doesnt just provide a place

to advertise openings. People seeking jobs in the
immigration law field can avail themselves of
numerous benefits, including professional rsum
writing assistance, career coaching, reference checking/
employment verification, and much more!

Expand Your Professional Network

Using AILAs LinkedIn Group

The pricing is low and extremely competitive when

compared with other job boards. Also, AILA members
and their firms receive discounted prices. Rates depend
on several factors, such as the position type advertised,
the duration of the ad, and whether to disseminate
the ad through the Legal Job Exchange. Nonprofit
organizations can receive a promotional code for free
job postings by e-mailing classifieds@aila.org.

AILAs LinkedIn group allows you to stay on top of

important immigration issues and events, as well
as ask burning questions, all in one place. With
more than 5,000 AILA members, you can expand
your network by initiating and/or contributing to
discussions regarding the latest in immigration.
For example, do you have a question about DACA
eligibility and want input from other members? Post it
on the discussion forum! Being active in this group can
help you strengthen existing professional relationships
and foster new ones.

To see the job board, go to the Career Center and select

the link at the top to enter as an employer or stay on
the default page as a job seeker.

Courtesy of ERICA BRILLSON, AILA membership associate;

BRANDON BERG, AILA staff assistant; and ELLIE RUTLEDGE,
AILA new media associate.

AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

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JANUARY 2015

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18

CONTACT US:
To the Editor

editorial

EXECUTIVE EDITOR Tatia L. Gordon-Troy

EDITOR-IN-CHIEF Crystal Williams
LEGAL EDITOR, REPORTER Sheeba Raj
GRAPHIC DESIGNER Bradley Amburn
GRAPHIC DESIGNER Robert Bequeaith

CONTRIBUTORS
Bradley B. Banias, Brandon Berg, Erica Brillson,
Evangeline M. Chan, Heather Majam, Amelia S.
McGowan, A. Rene Pobjecky, Ellie Rutledge,
Patrick Taurel, Reid F. Trautz, Cletus Weber

PHOTO CREDITS
Page 8: Illustration by Bradley Amburn;
Page 11: Everett Collection/Shutterstock;
Stock/Stock Editorial Imagery:
Shutterstock, Thinkstock

aila national officers

@ailaNational

VOICE (ISSN: 21574138), published online 11 times

annually, is the official member magazine of:

PRESIDENT Leslie Holman

PRESIDENT-ELECT Victor D. Nieblas Pradis
FIRST VICE PRESIDENT William A. Stock
SECOND VICE PRESIDENT Annaluisa Padilla
TREASURER Anastasia Tonello
SECRETARY Marketa Lindt
IMMEDIATE PAST PRESIDENT T. Douglas Stump
EXECUTIVE DIRECTOR Crystal Williams

Reprint Requests

American Immigration Lawyers Association

1331 G Street NW, Suite 300
Washington, D.C. 20005
Phone: 202-507-7600

PERIODICAL REVIEW BOARD

Dan Berger, Dagmar Butte, Susan Cohen, Neil Dornbaum,
Carl Falstrom, Anna Gallagher, Jane Goldblum,
Megan Kludt, Noah Klug, and Danielle M. Rizzo

AILA Agora

COPYRIGHT 2015 AMERICAN IMMIGRATION LAWYERS ASSOCIATION. ALL RIGHTS RESERVED. No part of this publication may be reprinted or otherwise reproduced without
the express permission of the publisher. AILAs VOICE features and departments do not necessarily represent the views of AILA, nor should they be regarded as legal advice from the
association or authors. AILA does not endorse any of the third-party products or services advertised in VOICE, nor does it verify claims.

Write for Voice

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AILA InfoNet Doc. No. 15010745. (Posted 1/7/15)

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19

Difficult Case? RFEs? Denials?

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