This introductory course provides a practical overview of U.S. immigration law, including the structure of the immigration court system, key agencies, and the legal standards governing removability and custody. Participants will explore the types of immigration proceedings, Notice to Appear classifications, and common forms of relief from removal such as asylum, withholding of removal, and protection under the Convention Against Torture. Designed for clarity and application, the session equips attendees with a foundational understanding of core statutes, procedures, and legal frameworks in immigration enforcement.
- Legal Frameworks and Key Statutes
- Immigration and Nationality Act (INA)
- Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
- 8 U.S.C. § 1101 – Definitions
- 8 U.S.C. § 1182 – Inadmissibility
- 8 U.S.C. § 1226 – Custody and Bond
- 8 U.S.C. § 1227 – Deportability
- 8 U.S.C. § 1229a – Removal Proceedings
- Key Agencies Involved
- Department of Homeland Security (DHS) – Administers and enforces immigration law
- Immigration and Customs Enforcement (ICE):
- OPLA: Prosecutorial body in immigration court
- ERO: Oversees detention and removals
- HSI: Handles investigations related to immigration crimes
- Determining Removability
- Who is removable under immigration law:
- Individuals who entered without inspection
- Visa overstays
- Lawful Permanent Residents who abandoned status or committed certain crimes
- Individuals with violations of immigration status
- Types of Immigration Proceedings
- Custody Proceedings (Bond Hearings) – INA § 236
- Removal Proceedings – INA § 240
- Exclusion & Inadmissibility – INA §§ 235 & 212
- Bond and Custody Practice
- Discretionary Bond (INA § 236(a)): must show no danger to the community and not a flight risk
- Mandatory Detention (INA § 236(c)): applies in certain criminal or national security contexts
- No Jurisdiction when the individual is subject to a final removal order, in exclusion proceedings, or other statutory limitations apply
- Notice to Appear (NTA) Classifications
- Inadmissibility – INA § 212
- Deportability – INA § 237
- Asylum-only proceedings – typically in visa waiver cases
- Relief from Removal
- Cancellation of Removal – INA § 240A
- Asylum – INA § 208
- Withholding of Removal – INA § 241(b)(3)
- Convention Against Torture (CAT)
- Adjustment of Status – INA § 245
- Waivers under INA §§ 212 & 237
- Temporary Protected Status (TPS)
- Special Immigrant Juvenile Status (SIJS)
- Voluntary Departure
- Asylum, Withholding, and CAT
- Asylum
- Must prove a “well-founded fear” of persecution
- Based on protected grounds (race, religion, political opinion, etc.)
- Filed within one year of arrival
- Withholding of Removal
- Higher standard: “More likely than not” that persecution will occur
- Convention Against Torture (CAT)
- Applies if removal would lead to torture
- No discretionary component
- Bars include certain criminal convictions
- Important Legal Precedents
- Matter of A-B- (2018) – Limited domestic violence claims as asylum grounds
- Matter of Lam (1972) – Set evidentiary standards for immigration court
- Q&A (As Time Permits)
Cardenas Immigration Law
Veronica Cardenas, Esq. is a seasoned immigration attorney and former ICE prosecutor. She is the founder of Humanigration and Cardenas Immigration Law, where she dedicates her work to empowering non-citizens through legal representation, education, and advocacy. Veronica regularly speaks on immigration law and policy and provides mentorship and training for attorneys nationwide.
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Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 General
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 General
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 General
Status: Approved
Format: On-Demand
Credits: 1.00 General
Status: Approved
Format: On-Demand
Credits: 1.00 General
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.20 General
Status: Approved
Format: On-Demand
Credits: 1.00 General
Status: Approved
Format: On-Demand
Credits: 1.00 General
Status: Approved
Format: On-Demand
Credits: 1.00 Substantive Law, Practice, and Procedure
Status: Pending
Format: On-Demand
Credits: TBD
Status: Approved
Format: Live (Virtual), On-Demand
Credits: 1.00 General
This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Nevada, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.
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