Don't miss the registration deadlines for this engaging two-day program covering essential crim-imm topics.

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** 2024 Seminar: Defending Immigrants Affected by Mass Incarceration
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** Group registration closes 5pm ET on Friday April 5!
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** Individual registration closes at midnight ET on Friday April 12.
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Defending Immigrants Affected by Mass Incarceration ([link removed]) is a CLE program that provides in-depth training on key topics in criminal-immigration law practice. Over two days, experienced immigration attorneys will provide training on new developments in case law that is key to providing high quality representation to immigrant with criminal legal system contacts. The program is designed to be useful and engaging for both introductory and advanced immigration law practitioners.


** Tuesday April 16
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** 14 Years After Padilla v. Kentucky: Community Standards and Challenges Moving Forward
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** 11:15am - 12:30pm
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* Genia Blaser, IDP
* Ryan Muennich, IDP
* Onyx Starrett, Santa Barbara Public Defender Office

This panel will explore what community, national, and state standards for advising noncitizens on immigration consequences exist 14 years after the Supreme Court's decision in Padilla v. Kentucky, how those standards support creating robust Padilla practices at the criminal trial level, and ways that prosecutors, judges, and appellate courts are trying to undermine Padilla.


** Understanding and Challenging Criminal Court Documents in Immigration Court
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** 12:35pm - 2:05pm
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* Conor Gleason, Rocky Mountain Immigrant Advocacy Network
* Catherine Gonzalez, Brooklyn Defender Services

Know the difference between a simple information, misdemeanor information, and prosecutor’s information? What about a DD5, DIR, or DAT? If not, or if you need a refresher, this course is for you. In this session, you will learn all about various documents created as part of the criminal legal system process, including what information they contain that could hurt or help your client. You will also learn the latest arguments to mitigate the harm these documents can cause in your case.

This session will include information immigration practitioners need to know about the criminal legal process, including how documents get created in a criminal case. It will focus primarily on New York’s criminal procedure but includes other states as well. You will learn how to argue against the introduction of harmful criminal court documents in immigration proceedings and how to mitigate their impact should they be accepted into evidence. Finally, this course will give an overview of the record of conviction, and how that interplays with the burden of proof.


** Supreme Court Immigration and Administrative Law Cases in 2024
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** 2:15pm - 3:30pm
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* Nadia Anguiano, University of Minnesota Law School
* Nancy Morawetz, NYU School of Law
* Andrew Wachtenheim, IDP
* Cecillia Wang, ACLU

An expert panel of law professors and scholars will discuss the term’s most important cases, including the “notice to appear” case Niz Chaves v. Garland, the “Chevron” cases Loper Bright and Relentless v. Department of Commerce, and litigation challenging the Texas SB4 law which established a state criminal regime to allow the state to engage in immigration policing and to prosecute, convict, and imprison people based on immigration and citizenship status. Given the shifts in Supreme Court composition over the past several years, community members feel corresponding shifts in issues affecting daily life. For noncitizens who are routinely subjected to scrutiny by federal agencies and are the targets of right wing animus, the Supreme Court has dramatic impact over fundamental rights.


** Second and Third Circuit Case Updates
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** 3:35pm - 4:35pm
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* Rebecca Hufstader, Legal Services of New Jersey
* John Peng, Prisoners’ Legal Services

This session will highlight key crim-imm decisions from the second and third circuits from the last two years on a variety of topics, including aggravated felonies, crimes involving moral turpitude, crimes of child abuse, and the application of the categorical approach. The session will also flag pending petitions for review and potential developments in the law in each circuit, with an eye toward preparing practitioners to preserve key issues.


** Wednesday April 17
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** Understanding the Categorical Approach
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** 3:35pm - 4:35pm
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* Talia Peleg, CUNY School of Law
* Diana Rashid, National Immigrant Justice Center

This session will explain the essentials of the categorical approach and how to apply it in practice. The session will focus on how advocates can use the categorical approach to their clients’ advantage and will cover issues that arise in litigation. After a review of the steps of the categorical approach, the training will include hypotheticals to demonstrate categorical approach concepts such as overbreadth, divisibility, realistic probability, and burden of proof under Perida v Wilkinson.


** Crimes of Violence
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** 12:10pm - 1:40pm
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* Daniel Habib, Federal Defenders of New York
* S. Isaac Wheeler, Federal Defenders of New York

Think all crimes that are violent count as “crimes of violence” under immigration law? Think again. This panel will cover the statutory term “crime of violence” that appears in both the aggravated felony and crimes of domestic violence context. You’ll learn which crimes are not classified as “crimes of violence” and how to challenge the charge in immigration court.

As a statutory term, crimes of violence are applied using the categorical approach. Based on the generic definition, there are many crimes involving violence that will nevertheless not fall under the “crimes of violence” definition. This seminar will explain the evolving generic definition, and include the latest arguments and defenses to the “crime of violence” charge. It will address recent case law, including U.S. v. Scott, Matter of Pougatchev, U.S. v. Pastore, U.S. v. Colotti, and SCOTUS decisions Borden v. U.S., Stokeling v. U.S., and U.S. v. Taylor.


** Issue Spotting and Defenses for Clients with New York & New Jersey Drug Convictions
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** 1:50pm - 3:20pm
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* Amelia Marritz, IDP
* Elena Noureddine, IDP
* Drew Vaccaro, IDP

This course will cover recent updates and litigation strategies surrounding certain controlled substance statutes in New York and New Jersey. This course assumes a basic knowledge of the categorical approach methodology.

On September 6, 2023, the Second Circuit issued a landmark decision in US v. Minter, 80 F.4th 406 (2d Cir. 2023), which held that New York’s definition of cocaine is broader than the definition under the federal schedule. The decision in Minter means that New York “narcotic drug” convictions should no longer be found to be controlled substance offenses or drug trafficking aggravated felonies. This course will review the significance of the decision for non-citizens and discuss remaining issues of renewed importance in light of the decision, including arguments against drug sales as crimes involving moral turpitude and findings of inadmissibility for reason to believe drug trafficker.

The course will also cover recent litigation in both the Second and Third Circuits regarding both the overbreadth and divisibility of certain New Jersey controlled dangerous substance statutes, including Gayle v. Att'y Gen., No. 22-1811, 2023 WL 4077332 (3d Cir. June 15, 2023) and Smith v. Garland, 2023 WL 7147426 (2d Cir. Oct. 31, 2023)


** Obtaining Post-Conviction Relief for Clients with New York Marijuana Convictions After Legalization
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** 3:25pm - 3:55pm
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* Angad Singh, Appellate Advocates

On March 31, 2021, the historic Marijuana Regulation & Taxation Act (MRTA) went into effect and automatically vacated and expunged nearly all marijuana convictions as a matter of New York law. However, due to the difference between state and federal law, such vacaturs are not honored in the federal immigration system and even automatically vacated minor marijuana convictions can still pose. Immigration hardships, including deportability and ineligibility to obtain status. This section of the CLE will discuss the statutory framework of post-conviction relief with a focus on C.P.L. § 440.10(1)(h) and (k), how to craft a vacatur motion that will best serve the client’s immigration interest, and the practical aspects of securing relief.


** New York State: Bills to Watch
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** 4:00pm - 5:00pm
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* Colin Absolam, Osborne Association
* Linda Flor Brito, IDP
* Yasmine Farhang, IDP
* Fanta Fofana, Clemency Coalition of New York
* Ryan Muennich, IDP
* Richard Ubanwa, New York for All Coalition

This session will share some key crim-imm legislative priorities that the Immigrant Defense Project is working on that seek to i) end police-to-ICE local entanglement across our state ; ii) intervene in the state criminal legal system to create more just outcomes for immigrants; and iii) end the perpetual punishment of immigrant New Yorkers by creating more justice in the clemency process.

In particular, we will hear from advocates about the wide-ranging impacts that these bills could have on immigrant New Yorkers and what to know about who might benefit, including:
* New York for All (A5686/S987) - a state bill to broadly prohibit local and state agencies from colluding with ICE in the detention and deportation of our communities.
* The Clemency Justice Act (S222/A155) - a state bill to bring transparency, accountability and accessibility to our state’s clemency process.
* Fair Courts for Immigrant New Yorkers (S5826/A3057) - state bill to ensure that immigrants who face charges in the criminal legal system are provided a clear and accurate notification that there could be immigration consequences before entering any plea and are afforded a remedy where they are not.

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Feedback from prior IDP CLE programs:
* Thanks! Your team has so much knowledge and is very helpful for our work.
* I have used [IDP as a resource] since 2010 and have always found the attorneys to be incredibly knowledgeable and helpful.
* All the information provided was extremely valuable. This was an excellent webinar, that explained complex subjects (e.g. divisibility, categorical approach) in ways that were easier to understand (the presentation graphics really helped)
* I found it really valuable to reinforce my understanding of the categorical approach.
* Excellent and well-presented program.
* Very informative and concise. Easy to follow.
* This was all round an excellent program. One of the best I have heard on crim-imm issues.
* Amazing presentation. Thanks for the inspiration
* Great job. One of the best I have attended. Thank you.
* This was really comprehensive and helpful!

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