Crimmigration: The Critical Issues
5.75 General AV CLE Credits; WSBA AV ID #382224
This full day program is divided into two parts: the morning addresses the nuts and bolts “basics” on immigration and criminal defense; the afternoon builds on the morning and moves to more advanced issues including developments from the recent US Supreme Court decisions in Moncrieffe v Holder and Descamps v. US, as well as current issues in post-conviction relief and ICE enforcement (including ICE detainers). Join program co-Chairs Ann Benson , Directing Attorney Washington Defenders Association’s Immigration Project, and Robert Pauw, Founding Partner of Gibbs, Houston & Pauw, in this comprehensive program designed to provide both criminal defenders and immigration attorneys with the necessary tools to address noncitizen clients with criminal charges and convictions.
The immigration consequences of criminal convictions result in some of the harshest legal consequences under US law for noncitizens and their families, namely deportation and permanent separation. They also present some of the most challenging legal issues for both criminal defense and immigration attorneys. Join program co-Chairs Ann Benson , Directing Attorney Washington Defenders Association's Immigration Project, and Robert Pauw, Founding Partner of Gibbs, Houston & Pauw, a firm committed to comprehensive immigration advocacy, for this "crimmigration" seminar. This comprehensive program is designed to provide both criminal defenders and immigration attorneys with the necessary tools to address noncitizen clients with criminal charges and convictions. This full day program is divided into two parts: the morning addresses the nuts and bolts "basics" on immigration and criminal defense; the afternoon builds on the morning and moves to more advanced issues including developments from the recent US Supreme Court decisions in Moncrieffe v Holder and Descamps v. US, as well as current issues in post-conviction relief and ICE enforcement (including ICE detainers).
7:30 a.m. to 8:15 a.m.
Registration and Coffee Service
8:15 a.m. to 8:30 a.m.
Program introduction and overview - Robert Pauw and Ann Benson
8:30 a.m. to 10:00 a.m.
Immigration 101 for Defense Attorneys - Jonathan Moore & Devin Theriot-Orr
Identifying immigration status and other relevant facts to analyze immigration consequences
Basic overview of grounds of inadmissibility and grounds of deportation
Understanding immigration procedures
- Obtaining lawful status
- Removal proceedings
- Applying for US Citizenship
10:00 a.m. to 10:15 a.m.
10:15 a.m. to 11:45 a.m.
Criminal Defense 101 for Immigration Attorneys - Misdemeanors and Felonies - Amy Muth & Kim Gordon
- Initial stages of criminal proceedings: Investigation, arrest, arraignment/first appearance hearings, custody determinations
- Plea negotiations or Trial?
- The sentencing process
11:45 a.m. to 12:45 p.m.
12:45 p.m. to 1:45 p.m.
Analyzing immigration consequences of WA crimes in light of recent US Supreme Court decisions (Moncrieffe & Descamps) - Robert Pauw and Enoka Herat
Understanding the Categorical Approach Framework
Immigration consequences of WA crimes: Property, Drugs, Driving & Crimes Against Persons:
- Applying the categorical approach
- Best practices for defense counsel
- Removal defense strategies for immigration counsel
1:45 p.m. to 2:45 p.m.
Post-conviction Relief (PCR) - Neil Fox and Hilary Han
- Initial critical steps for immigration & defense counsel in preparing for PCR
- PCR basics under WA law: vehicles, timelines, issues
- Best practices and strategies
2:45 p.m. to 3:00 p.m.
3:00 p.m. to 3:45 p.m.
ICE Enforcement Issues - Ann Benson and Tim Warden-Hertz
- ICE Detainers - recent developments & current trends
- ICE detention & obtaining bond in removal proceedings
Close program (turn in evaluations)
Ann Benson, Washington Defender Association Immigration Project
Ann Benson is the Directing Attorney for the Washington Defender Association's Immigration Project. She provides training and technical assistance to defense attorneys, judges and prosecutors to understand the immigration consequences of criminal convictions facing noncitizen defendants and their families. Additionally, Ann works collaboratively with organizations in Washington State and throughout the country to defend the due process rights of immigrant defendants and to reverse the increasing trend of criminalizing immigrant communities. Along the way, Ann has worked as the Legal Director of the Northwest Immigrant Rights Project and taught immigration law at the University of Washington School of Law. She has served on the Board of Directors for the National Immigration Project of the National Lawyers Guild, One America (formerly Hate Free Zone) and the National Network to End Violence Against Immigrant Women. In 2005, Ann received the Lexis Nexis Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law. 2009 she was honored with the "Friend of the Judiciary" award from the Washington Women Lawyers Association.
Robert Pauw, Gibbs Houston, Pauw
Robert Pauw is a founding partner of Gibbs Houston Pauw. Since 1983 he has successfully represented thousands of individuals and businesses in immigration cases. Mr. Pauw has extensive experience in all aspects of immigration law and is nationally known for his focus on immigration-related litigation.
Mr. Pauw has been a faculty member at the American Immigration Lawyers Association ("AILA") Litigation Training Institute and an Adjunct Professor of Immigration Law at the Seattle University School of Law. He is a frequent speaker on immigration law at AILA National and Regional Conferences and symposiums, and often serves as a legal advisor to non-profit organizations and advocacy groups on the issues of immigration. Mr. Pauw is annually ranked as a "Super Lawyer" by Law & Politics Magazine.
General Registration - Attorneys - $175.00
Seattle University School of Law Alumni - Attorneys - $145.00