Fourth Circuit Law on Asylum, Withholding, and CAT for Cases Heard Remotely from Virginia

Fourth Circuit Law on Asylum, Withholding, and CAT for Cases Heard Remotely from Virginia

Fourth Circuit Law on Asylum, Withholding, and CAT for Cases Heard Remotely from Virginia (CLE Recording)
Live Event Date: 01/10/2023
Format Length CLE Eligible
Web Seminar 90 min. Yes

After the U.S. Court of Appeals for the Fourth Circuit’s decision in Herrera-Alcala v. Garland, immigration judges hearing cases remotely by video from Virginia may apply Fourth Circuit law to cases from around the country. Don’t be caught off-guard! Our expert panelists will give removal defense attorneys an overview of Fourth Circuit case law related to asylum, withholding of removal, and protection under the Convention against Torture (CAT).

Featured Topics:

  • How to make Fourth Circuit law work for your client
  • Key holdings from the Fourth Circuit related to asylum, withholding of removal, and protection under CAT
  • Standards of appellate review
  • Establishing past persecution, inability or unwillingness to protect, and nexus to a particular social group

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Mark Stevens (DL), Washington, D.C.

Mark Stevens is a Senior Attorney on the immigration team at Clark Hill PLC. He litigates immigration matters against federal government agencies. He provides removal defense in immigration court. He prepares applications for immigration benefits, including family, business, and humanitarian. He is the Chair of the AILA-DC Litigation Committee and a member of the Litigation Committee for AILA New England.

F. Evan Benz, Durham, NC

F. Evan Benz is a Senior Attorney with the Immigration Impact Lab at the Capital Area Immigrants' Rights (CAIR) Coalition. Evan's practice focuses on impact litigation on behalf of detained immigrant adults and children in immigration proceedings and federal courts. Prior to joining CAIR Coalition, Evan practiced at a community law firm in North Carolina, where he focused on asylum and deportation defense. He was also previously a Justice AmeriCorps Legal Fellow at a legal aid office in Massachusetts, as well as a Fall Legal Fellow with the National Immigration Project of the National Lawyers’ Guild. He is admitted to practice in North Carolina, the three federal district courts of North Carolina, and the Fourth Circuit Court of Appeals.

Ben Winograd, Alexandria, VA

Ben Winograd is an attorney at the Immigrant & Refugee Appellate Center, LLC, in Alexandria, VA. He specializes in removal defense before the Board of Immigration Appeals and federal circuit courts, and is the author of IRAC’s Index of Unpublished Decisions of the Board of Immigration Appeals. Ben previously worked at the American Immigration Council, where he authored amicus briefs and practice advisories for immigration lawyers.

Joanna Gaughan, Durham, NC

Joanna Gaughan graduated from the University of Arizona law school in 2010. From 2010 to 2013, Joanna worked first as an immigration staff attorney at the Second Circuit Court of Appeals and then as a pro bono coordinating attorney for unaccompanied children with KIND. Living in North Carolina since 2013, she has represented hundreds of clients, primarily asylum-seekers, in their removal proceedings. Before becoming a lawyer, Joanna was a public-school teacher in Brooklyn, New York, and lived in Thailand and Costa Rica. She is licensed in the state of New York and is fluent in Spanish.

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.