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This panel will provide an overview of the evidentiary issues that arise in removal proceedings. The panel will review the various types of burdens, evidence that can and should be submitted to meet the burden and how to create a solid record in anticipation of appeal.

The discussion will cover:

• The Rules of Evidence in Removal Proceedings-Do They Exist?
• Burdens of Proof, Production and Persuasion-What's the Difference?
• Tag, You're It-Shifting Burdens from the NTA to the Application for Relief
• Discovery Issues in Proceedings
• Types of Evidence-Testimonial, Documentary, Other
• The Use of Expert Testimony
• Preparing for Appeal-Creating a Record and Preserving the Issues

The discussion will conclude with a Q&A session.

Rex Chen (dl), Newark, NJ
Rex Chen is the supervising attorney at Catholic Charities of the Archdiocese of Newark, New Jersey. He has extensive experience litigating suppression motions after illegal raids, including cases in immigration court, the BIA, and the Third Circuit. Mr. Chen also works on pre-hearing discovery, immigration court protections for informants, and using international law in immigration court. He manages a confidential wiki to foster collaboration on suppression motions, blogs about Third Circuit immigration decisions, and produced a documentary about an immigrant wrongly convicted of murder.

Kerry E. Doyle, Boston, MA
Kerry E. Doyle, is a partner with the Boston firm of Graves & Doyle, Attorneys at Law, an immigration and nationality law practice. Prior to forming Graves & Doyle with William E. Graves Jr. in August 2001, Ms. Doyle worked in the nonprofit sector representing immigrants, asylum seekers, and refugees in Boston, Miami and Hong Kong and taught asylum and refugee law at the University of Miami School of Law. She is currently an adjunct faculty member at Suffolk University School of Law, teaching immigration law. A past chapter chair of the American Immigration Lawyers Association, New England Chapter, she is currently the Immigration and Customs Enforcement Investigations liaison. She is a frequent speaker on immigration and nationality issues. Ms. Doyle graduated cum laude from The American University, Washington College of Law with her J.D. in 1993 and George Washington University with her B.A. in Political Science in 1988.

Erich Straub, Milwaukee, WI
Erich C. Straub is an immigration attorney concentrating on family-based immigration and deportation defense. He is a past chair of the Wisconsin chapter of AILA and has served as a faculty member for AILF’s Litigation Institute. Mr. Straub is listed in the 2006–09 editions of Best Lawyers in America in the area of immigration law.

(dl) = discussion leader

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