This presentation will cover lawful and unlawful entry to the United States. It will focus primarily on the two most common removal defenses: Asylum and Cancellation of Removal. We’ll discuss the Special Immigrant Juvenile Status (SIJS) and Adjustment of Status. We’ll also address the overlap between Immigration Law and Criminal Defense (e.g., a good deal for a non-immigrant criminal defendant may spell disaster for an immigrant defendant in removal proceedings). We’ll also discuss the Notario phenomenon, which was recently addressed by USCIS, and how Spanish-speaking Kentucky-based immigrants make easy prey for individuals coming dangerously close to the unauthorized practice of law.

Agenda Items: 

  1. Entry: Lawful vs. Unlawful
  2. The Notice to Appear (NTA)
  3. Forms, Forms, and More Forms
  4. Effective Client Intakes, Background Checks (Nationally)
  5. Removal Defenses: Asylum & C.O.R., Voluntary Departure (VD), Prosecutorial Discretion (PD)
  6. Master Calendar Hearing
  7. Immigration Hearings, the limits of Direct Examination, Client Prep
  8. Miscellaneous: USCIS Interviews, Criminal Defense overlap, Notarios, Etc

Speaker: Christian I. Duque, Fernandez & Moloney

Human Rights



  • General (1)
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