1. Getting Off the Assembly Line: Helping Your Client Overcome Immigration Court Obstacles
Steven Schulman,
Appleseed Board Co-Chair & Pro Bono Counsel
Chicago, Illinois, 5 April 2017

2. Apple-what?
A non-profit network of 17 public interest justice centers in the United States and Mexico, Appleseed is dedicated to building a society in which opportunities are genuine, access to the law is universal and equal, and government advances the public interest.
Appleseed uncovers and corrects injustices and barriers to opportunity through legal, legislative and market-based structural reform
Network collaboration:
Immigration
Hunger
Financial Access

3. Appleseed Immigration Justice Collaborative
More than a decade of advocacy to improve the immigration system
Immigration courts, border, DACA process, detention system
Immigration court reform
Discovery
Pre-hearing conferences
Videoconferencing
Interpretation
IJ & DHS misconduct
Guide at:

4. The Immigration Court System

5. The Immigration Court System
Immigration Adjudication: due process for deportation (“removal”), and certain immigration remedies
Relevant agencies: DOJ, DHS
Relevant law: Immigration & Nationality Act (“INA”), 8 USC, 8 CFR
Other resources: Immigration Court Practice Manual, Immigration Judge Benchbook, Asylum Officer Basic Training Course
The immigration adjudication process
Apprehension, screening and detention
Immigration Court
Board of Immigration Appeals
U.S. Circuit Courts of Appeals

7. Immigration Court Discovery

8. Immigration Court Discovery
Bottom line: there is no “discovery” – but you can always ask
Depositions allowed, but highly unusual
What does the government have?
Was your client detained at the border and/or thereafter?
Has your client made any immigration filings without you?
NOTE: you can copy the Court file
What do you need to prove your client’s case
Prior statements
Seized documents
Medical records from detention?

14. Immigration Court Pre-Trial

16. Immigration Court Pre-Trial
Early resolution may be critical
Strategies for Court
At Master Calendar, ask for pre-hearing conference within x days
Before trial, ask for pre-hearing x days prior
Strategies for DHS
Call – and call, and call and call
Proffer witnesses
Set out positions in cover letter with pre-trial submission

17. Immigration Court Interpretation

19. Immigration Court Interpretation
Modes of Interpretation
Simultaneous vs. consecutive
Full vs. Partial
Common problems
Dialect
Too many words
Routine miscommunication
Bias
Does your client need an interpreter?
Does client speak English routinely?
Introduction in English, then translation

20. Immigration Court Videoconferencing

23. Immigration Court Videconference Hearings
Why video?
Detained docket – no staffed courtroom in detention center
HQ Immigration Court (Arlington)
Master vs. Merits
Common problems
Impact on client
Impact on judge/DHS/you
Impact on communication
Strategies
Object – but understand impact on schedule, judge
Presence in court and with client
Prepare for video – explain to client, ensure documents in both places
Attorney-client communication

24. Immigration Court Misconduct

26. For More Information: Malcolm Rich, Chicago Appleseed malcolmrich@chicagoappleseed.org

27. Take a Case: National Immigrant Justice Center DePaul Asylum & Immigration Law Clinic