Overcoming the “Reason to Believe” Ground of Inadmissibility

Overcoming the “Reason to Believe” Ground of Inadmissibility

Overcoming the “Reason to Believe” Ground of Inadmissibility (CLE Recording)
Live Event Date: 02/23/2023
Format Length CLE Eligible
Web Seminar 90 min. Yes

How do you prove a negative? What do you do, for example, when a client is simply in the wrong place at the wrong time yet gets caught up in an alleged drug trafficking situation? Or how do you deal with the fact that the government can accuse a client of gang membership simply because a gang member is present in the background of a picture? The "reason to believe" inadmissibility ground can rear its ugly head in many different situations, and the onus is on the foreign national to prove they were not involved. Our expert panelists will provide legal arguments and advise on best practices used to overcome this ground of inadmissibility.

Featured Topics:

  • Making the case that the "reason to believe" standard has not been met
  • Legal arguments to overcome the reason to believe ground of inadmissibility
  • Working with criminal defense counsel to provide sufficient evidence
  • Letter from the Office of Foreign Assets Control in the U.S. Department of Treasury: Is that enough?

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 cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

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.

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  • 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.
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  • 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 cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.

Cory Forman (DL), AILA Board of Governors, New York, NY

Cory Forman is the former Chairperson of the New York Chapter of AILA and currently serves as an Elected Director on AILA National’s Board of Governors. Cory heads Cohen Forman Barone, LLP’s immigration department. Having spent his career as both a criminal defense and immigration attorney, Cory has a specialized knowledge of representing non-citizens in both the criminal and immigration contexts. In 2007, Cory launched the firm’s “Crimmigration” division, which is responsible for litigating deportation issues and filing waivers in immigration court, developing criminal trial and plea-bargaining strategies based on an individual’s immigration concerns, vacating prior convictions through post-conviction litigation, and arguing writs of habeas corpus on behalf of those unlawfully detained by immigration and criminal authorities. The Crimmigration division also provides consultation services to other criminal defense and immigration attorneys around the country.

Lauren Cusitello, AILA Removal Defense Section Steering Committee, San Diego, CA

Lauren Cusitello is the Director of the ABA Immigration Justice Project, a nonprofit legal services organization working to guarantee access to counsel for immigrants and asylum seekers at the southwestern border. Before joining IJP in 2019, Lauren spent over a decade as a state and federal public defender. Lauren is a past chair of the AILA San Diego Chapter, currently serves on the Removal Defense Section Steering Committee, and is one of the instructors for the Criminal Grounds of Removal module of AILA University’s Removal Defense course. Lauren earned her JD from New York University School of Law in 2005.

Tess P. Douglas, Seattle, WA

Tess P. Douglas is a Managing Attorney at DGO Legal and chair of the AILA Washington Congressional Advocacy Committee. Tess has a diverse background in removal, family, and business immigration--previously clerking at the immigration court and then working as an associate at a high-volume employment-based immigration practice. While working as an Attorney Advisor at the Los Angeles Immigration Court, she trained new immigration judges on crimmigration, and oversaw the overhaul of the California crime charts, which all immigration judges and law clerks use to determine whether a California conviction has immigration consequences. She loves to use her experience in both removal and business immigration to address complex cases. Whether she is working on crimmigration, federal litigation, or PERM, her goal is to take confusing areas of the law and make them easily digestible for clients, colleagues, and adjudicators.

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.