Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA

Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA

Maximizing Second Chances: Filing Appeals, Motions, and Practicing Before the BIA - Recording (CLE Included)
Live Event Date: 9/22/2022
Format Length CLE Eligible
Web Seminar 90 min. Yes

If it hasn’t happened yet, there will come a time when your client is ordered removed by an immigration judge, or USCIS denies an I-130 petition. However, the fight to obtain relief for your client doesn’t have to end there. In this beginner-to-intermediate seminar, our panelists will provide expert guidance on how to seek review before the BIA, and they will advise on how to prevent adverse decisions from becoming final.

Featured Topics:

  • Mechanics of Appeals to the BIA: Deadlines, Notices of Appeal, Identifying the Type of Relief Sought, Briefing
  • Strategies for Motions to Reopen vs. Motions to Reconsider
  • Collateral Options Outside the Appeal: Prosecutorial Discretion, USCIS Relief, Changed Circumstances, etc.
  • Other Motions: Sua Sponte, Joint Motions, Motions to Remand, Motions for Stay of Removal, and Administrative Closure
  • Anticipating Federal Court Litigation: Strategic Considerations

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

Evan Benz (DL), Hillsborough, NC

Evan Benz is a Senior Associate Attorney at The Law Office of Derrick J. Hensley, PLLC, in Hillsborough, NC. His practice is largely devoted to defensive asylum cases and appeals. Evan maintains a “PSG’s tracking sheet” of over 700 asylum decisions from every jurisdiction ( He also authors the Fourth Circuit Asylum Review, a monthly newsletter that provides up-to-date analysis of recent Fourth Circuit decisions on asylum law (

Ava Benach, Washington, DC

Ava Benach is a co-founder of Benach Collopy LLP in Washington DC, which she started after realizing that her dream of pitching in Major League Baseball was at its end when her 13 year old daughter took her fastball deep and shattered a window at Old Banneker High School.

David A. Silk, West Palm Beach, FL

David A. Silk is a Partner at Sciarrino & Silk, P.A. Mr. Silk is well versed in all matters related to immigration law with nearly 4 decades of experience. Mr. Silk’s specialty is deportation cases. Mr. Silk received his JD from the University of Iowa College of Law (1981) and his LL.M from New York University School of Law (1984).

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.