Immigration Court Nuts and Bolts – Jurisdiction, Hearings, and Preparation (On-Demand)

$169.00

What gives an Immigration Court power over a case?  What are the main hearings that occur in Immigration Court?  How do I prepare for these hearings? If these are questions you’re pondering, this is the course for you.  First, the presenter will cover the fundamental concept of jurisdiction. He will discuss, among other subtopics, what paperwork must be filed to establish jurisdiction, how an Immigration Judge can lose jurisdiction, and how advocates can challenge jurisdiction.  The second area explores the three main hearings that occur in Immigration Court: the master calendar hearing, the individual calendar hearing, and the custody redetermination hearing. Each hearing serves its own unique purpose, and the presenter will cover each in detail.  Finally, the presenter provides advice and suggestions for advocates on how to prepare for each type of hearing to ensure compliance with professional norms and to put their clients in the best possible position for success.

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Event Details

Course Type

Original Date Of Course

Course Instructor

Andrew J. Rankin, Esq.

General Credits

2

Course Description

What gives an Immigration Court power over a case?  What are the main hearings that occur in Immigration Court?  How do I prepare for these hearings? If these are questions you’re pondering, this is the course for you.  First, the presenter will cover the fundamental concept of jurisdiction. He will discuss, among other subtopics, what paperwork must be filed to establish jurisdiction, how an Immigration Judge can lose jurisdiction, and how advocates can challenge jurisdiction.  The second area explores the three main hearings that occur in Immigration Court: the master calendar hearing, the individual calendar hearing, and the custody redetermination hearing. Each hearing serves its own unique purpose, and the presenter will cover each in detail.  Finally, the presenter provides advice and suggestions for advocates on how to prepare for each type of hearing to ensure compliance with professional norms and to put their clients in the best possible position for success.

Principles

  • Jurisdiction
  • Types of Hearings
  • Preparation for a Hearing

Syllabus

  1. Jurisdiction
    • The charging document
        • What is it?
        • What must it contain? 
        • Who is allowed to file it? 
    • Loss of jurisdiction 
        • Complete loss
        • Less than complete (i.e. jurisdiction over some but not all issues)
    • Challenging jurisdiction
        • What if the charging document doesn’t contain all required information? 
        • Other procedural challenges
            • COUNTERPOINT – The “I-261 problem”
  2. Types of Hearings
      • The master calendar
            • Purpose 
            • Is it necessary to even have one? 
    • The individual
            • Issues of fact/law
            • Stipulations
    • The custody redetermination 
            • Need DHS determination on custody as a prerequisite
  1. Preparation for a Hearing
      • For the master calendar
            • Pleadings
            • Designation (or not?) of country
            • Identification of relief
            • Other issues?
    • For the individual
            • Like a trial
                • Opening statement (depends on IJ)
                • Direct
                • Cross
                • Redirect
                • Closing statement (depends on IJ)
    • For the custody redetermination
            • Mandatory detention
            • Flight risk
            • Danger to the community, although not mandatory detention

Instructor

Andrew J. Rankin, Esq.

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