Patel v. Garland: Updates in Litigation and Strategies Moving Forward

Patel v. Garland: Updates in Litigation and Strategies Moving Forward

Patel v. Garland: Updates in Litigation and Strategies Moving Forward (CLE Recording)
Live Event Date: 01/26/2023
Format Length CLE Eligible
Web Seminar 90 min. Yes

In May 2022, the U.S. Supreme Court held that federal courts of appeal are barred from reviewing factual findings underlying the denial of relief in removal proceedings. While the decision only applies to the review of purely factual claims relating to the enumerated forms of relief, courts across the country—at both the district court and U.S. courts of appeals levels—are now pondering the question of whether this decision limits all review of discretionary relief before the federal courts. The panelists will discuss strategies for filing challenges to denials of discretionary relief in federal court and will provide updates in litigation post-Patel v. Garland.

Featured Topics:

  • Updates in litigation after Patel v. Garland
  • Filing challenges to denials post-Patel v. Garland
    • Adjustment of status denials
    • Other discretionary relief denials
  • Strategies for currently pending cases
  • Guerrero-Lasprilla v. Barr: Using the case to overcome Patel v. Garland

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Sabrina R. Damast (DL), AILA Amicus Committee Chair, Los Angeles, CA

Sabrina R. Damast is an attorney in Los Angeles, CA. Her practice includes removal defense, appeals, federal litigation, family-based immigration, asylum, and post-conviction relief. She is chair of the AILA Amicus Committee and Vice-Chair of the AILA SoCal Chapter.

Kevin A. Gregg, Coral Gables, FL

Kevin A. Gregg is the San Diego partner of Kurzban Kurzban Tetzeli and Pratt P.A. He is also the host of the weekly immigration case law podcast Immigration Review. Prior to joining KKTP, Kevin clerked for a U.S. District Judge in the Southern District of Florida, and served as an Attorney Advisor in the San Diego Immigration Court. He is a graduate of Boston University School of Law and the University of Florida (go gators).

Lory D. Rosenberg, Asheville, NC

Lory D. Rosenberg, of IDEAS Consultation and Coaching, AG Immigration Law Group, Of Counsel, and Immigrant Defenders Law Group, provides expert analysis, strategy-setting, writing, mentoring, and self-development programs. Her passion is empowering lawyers to break through emotional blocks and leverage their expertise. An award-winning attorney, speaker and coach, Lory was an appellate judge on the Board of Immigration Appeals from 1995-2002, is co-author of Immigration Law and Crimes, and taught immigration and refugee law at American University. She is a former director of the Defending Immigrants Partnership, AIC's Legal Action Center, Centro Presente's pro bono program, and the AILA Board of Governors.

Kathleen M. Gillespie, Lexington, MA

Kathleen M. Gillespie is a consultant providing legal research, writing, and advisory services to immigration and criminal attorneys. She also serves as a mentor attorney for the Immigration Impact Unit of the Massachusetts Committee for Public Counsel Services. Ms. Gillespie has received AILA’s Jack Wasserman Memorial Award for Excellence in Litigation in the Field of Immigration Law (2019) and the Sam Williamson Mentor Award (2020). She is co-chair of the AILA New England Litigation Committee.

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.