Preserving and Asserting Due Process Violations before EOIR and the Circuit Courts

Preserving and Asserting Due Process Violations before EOIR and the Circuit Courts

Preserving and Asserting Due Process Violations before EOIR and the Circuit Courts (CLE Recording)
Live Event Date: 03/16/2023
Format Length CLE Eligible
Web Seminar 90 min. Yes

The U.S. Circuit Courts of Appeals have ruled that immigration judges (IJs) and the Board of Immigration Appeals (BIA) committed significant procedural errors that negatively impacted respondents’ due process rights and their ability to receive a fundamentally fair hearing. For example, circuits recently have held that the Executive Office for Immigration Review (EOIR) erred in many ways, including denying reasonable continuance requests, failing to follow its own precedent, failing to grant motions to reopen per Niz-Chavez v. Garland and Pereira v. Sessions, failing to advise pro se respondents of available relief, and more.

Featured Topics:

  • Overview of successful due process challenges in circuit courts
  • How to frame the argument as a constitutional issue, giving circuit courts jurisdiction
  • Burden of proof: Showing that a violation occurred and how that violation affected respondents’ claim for relief
  • Developing the record at the trial level to ensure due process/constitutional claims are protected
  • How to raise the issues on appeal to the BIA
  • Filing an EOIR complaint against the IJ

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Susan G. Roy (DL), AILA EOIR Liaison Committee, Princeton Junction, NJ

Susan G. Roy began her legal career through the Department of Justice Attorney General Honors Program, as an Attorney Advisor at the Board of Immigration Appeals. She became an Assistant Chief Counsel and National Security Attorney for Immigration and Customs Enforcement. From 2008-2010, she served as an Immigration Judge in Newark, NJ. Sue then entered private practice and is a solo practitioner specializing in complex immigration cases.

Sue is the Immediate Past Chair of the NJ Chapter of the American Immigration Lawyers Association (AILA) and is a past Chair of the NJ State Bar Association (NJSBA) Immigration Law Section. Sue is a member of the Round Table of Former Immigration Judges and has been a speaker and/or moderator on CLE panels for AILA national, regional and local conferences, as well as for the NJSBA, NYSBA, and Federal Bar Association. She is an Adjunct Professor at Rutgers University Law School, Newark, where she teaches Asylum Law.

Rekha Sharma-Crawford, AILA Board of Governors/Removal Defense Section Steering Committee/Amicus Committee, Kansas City, MO

Rekha Sharma-Crawford is a founding partner of Sharma-Crawford Attorneys at Law and The Clinic at SCAL. She currently serves as Elected Director on the AILA BOG and has been active with AILA for the past 20 years in a variety of capacities, including speaker, author, editor, and mentor. In 2021, Rekha was awarded AILA’s Edith Lowenstein Memorial Award. She is the author of her children’s book Aaliyah the Brave, Empowering Children Coping with Immigration Enforcement.

Joshua Altman, San Diego, CA

Josh Altman worked in the Department of Justice, Executive Office for Immigration Review’s immigration courts, Board of Immigration Appeals, and front office for nearly a decade before moving to private practice in 2018. He brings an extensive knowledge of agency decision-making practices and substantive law and applies his civil litigation and appellate advocacy skills to solving complex immigration matters.

Mary Georgevich, Chicago, IL

Mary Georgevich is a senior litigation attorney with the Federal Litigation Project at the National Immigrant Justice Center. Mary is also an adjunct clinical professor with the Federal Immigration Litigation Clinic at the University of Minnesota’s Binger Center for New Americans. Mary received her JD from the University of Minnesota (2018).

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.