TRAINING ON CUSTODY/BOND AND POST-ORDER DETENTION CONSIDERATIONS UNDER THE NEW ADMINSITRATION
NY AILA CHAPTER 101 MEETING
Presented By: ICE/ERO Liaison Committee
October 16, 2017
6:00-9:00 p.m.
New York Law School
Discussion Leader: Cheryl David
Speakers: Benjamin Simpson, Edgar Fankbonner, Carolyn Corrado, Tracy Lawson
Introductions: (Cheryl David) (10 Min.)
I. FROM INITIAL CUSTODY THROUGH THE BOND HEARING (65 minutes) (Benjamin Simpson & Edgar L. Fankbonner)
· The First 48 Hours: Handling the initial client/family call; locating/visiting the client and determining the D.O.
· Analyzing the Case for Bond: Making the most of the Initial Visit; Determining Eligibility for Bond; Obtaining Criminal Records; Completing and Filing the Bond Motion
· Preparing for the Bond Hearing: Knowing your Judge; Contacting ICE Counsel; the Important of Relief; Testimony or No?
· Litigating the Bond Hearing: Do, Don’ts and Maybes
· Winning with a detained client: Arguing for release – strategies
· Post-Conviction Relief (“PCR”): Does your client need it; for what; how to work with criminal defense/PCR counsel
II. LORA BOND HEARINGS AND APPEALING BOND DECISIONS (35 minutes) (Tracy Lawson)
· Appealing an Adverse Decision to the BIA: Procedures and Deadlines and Briefing Strategies (Tracy)
· Lora Bond Hearings: Who is Eligible; When to File; Burdens; After a Removal Order/After a Grant when ICE Appeals; Multiple Filings/Hearings (Tracy)
III. SUPERVISION CHECK INS (30 minutes) (Tracy Lawson)
· Order of Supervision: What is an OSUP? Who is placed on an OSUP? How to prepare for an OSUP appointment
· Practice issues: Considerations for accepting representation and/or advising clients on OSUP; ethics
· Stays of Removal: What are they; why/not file; other considerations
IV. EMERGING ISSUES IN ICE ENFORCEMENT POLICY AND CASE LAW DEVELOPMENTS AFFECTING BOND/RELIEF ELIGIBILITY (25 minutes)
· Current Issues in Enforcement: Alleged Gang Activity and Alien Smuggling Concerns (Carolyn Corrado)
· Recent Case Overview (Tracy Lawson)
Q&A: (15 min)