AILA s Immigration Litigation Toolbox FOURTH EDITION

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1 AILA s Immigration Litigation Toolbox FOURTH EDITION ABOUT THE CONTRIBUTORS The American Immigration Council (formerly the American Immigration Law Foundation) was established in 1987 as a tax-exempt, not-for-profit educational, charitable organization by the leaders of the American Immigration Lawyers Association. The Council is dedicated to changing how Americans think and act toward immigrants and to advancing fundamental fairness and due process under the law for immigrants. Working closely with leading immigration experts throughout the country, the Council has established four core program areas: the Legal Action Center, the Immigration Policy Center, the Community Education Center, and the International Exchange Center. Denis P. Bergin has practiced immigration law for more than 12 years and has an office in Brockton, MA. His clients are mainly immigrants who have lived here many years and find themselves in Immigration Court because of criminal or admission histories. He works in the areas of removal, family, and consular processing (Brazil and Dominican Republic). He also works with the nonprofit group PAIR (Boston). Born in Dublin, Ireland, Mr. Bergin graduated from University College Dublin (B.A., Honors, 1988); Dublin College of Commerce (Dip. Law, 1989); and Suffolk University Law School (J.D., 1994). Yova A. Borovska is an associate attorney at Fowler, White, Boggs, P.A. in Tampa. She graduated from Stetson University College of Law, cum laude, in 2010, and obtained a bachelor s degree in Political Science and International Business from Eckerd College in Ms. Borovska focuses her practice on all aspects of immigration, including business, family, removal, and I-9 compliance matters. While in law school, she spent a semester interning for the Gulfcoast Legal Services, Inc., immigration clinic in St. Petersburg, FL. She later obtained a legal internship at her current firm, where she was subsequently offered an attorney s position. Jan H. Brown heads the Law Offices of Jan H. Brown, P.C. in New York City, concentrating on the practice of immigration law since Mr. Brown has lectured extensively in venues around the United States and around the world on immigration law topics. He is past chair of the American Immigration Lawyers Association (AILA) New York Chapter and currently is co-chair of the New York State Bar Association s International Law Section Immigration and Nationality Committee. His other accomplishments in the immigration field include serving as an editorial peer reviewer for Kurzban s Immigration Law Sourcebook, as a contributing author to AILA s Visa Processing Guide, and as a contributing author/editor for AILA s Immigration & Nationality Law Handbook. David M. Chandler is an attorney with Baik & Associates, P.C. in Philadelphia. He earned his law degree at Villanova Law School in Villanova, PA, and his undergraduate degree at the University of Pennsylvania. He is a resident of Philadelphia. Robert H. Cohen is a partner with the firm of Porter, Wright, Morris & Arthur LLP, in Columbus, OH. He has practiced immigration law for more than 34 years and his primary areas of practice include business and family immigration representation. Mr. Cohen served as chapter chair in Ohio from 2003 through 2005, and currently serves as chair of the Board of Trustees of the American Immigration Council and on the AI- LA/USCIS Benefits Liaison Committee. He has been listed in The Best Lawyers in America in the area of immigration law every year since 1995 and has been recognized by Super Lawyers. Mr. Cohen is a graduate of Miami University and the University of Cincinnati College of Law. 1

2 2 AILA S IMMIGRATION LITIGATION TOOLBOX, 4TH ED. Dree K. Collopy is a partner of Benach Ragland LLP in Washington, D.C. She devotes her practice to representing individuals in removal proceedings, asylum matters, federal court litigation, VAWA and U visa petitions, waivers of inadmissibility, and other complex matters. Ms. Collopy has written several articles and frequently lectures on cutting-edge immigration issues. She is the chair of AILA s Asylum and Refugee Committee and also serves as co-chair of the American Bar Association Section of Litigation s Immigration Litigation Committee. As co-chair of the AILA DC Pro Bono Committee, she is deeply committed to securing access to counsel for indigent clients. She is an adjunct professor at The Catholic University of America Columbus School of Law. Marisa DeFranco is an immigration attorney with 17 years experience, who runs her own practice in Massachusetts. In October 2011, she was honored as a Top Woman of Law by Massachusetts Lawyers Weekly. Ms. DeFranco also has received the National Legal Aid & Defenders Association s Beacon of Justice Award for her pro bono service in October In July 2011, Ms. DeFranco s writing was published in the ABA s The Road to Independence: 101 Women s Journeys to Starting Their Own Law Firms, and her scholarly article, Gender Asylum: Bringing the Law into the 21st Century, was published in the Massachusetts Bar Association s Section Review. Ms. DeFranco was a candidate for U.S. Senate in She is a political analyst on CBS Nightside with Dan Rea, a frequent contributor to WGBH, and a published opinion writer in the Boston Herald. Ms. DeFranco earned her J.D. cum laude from Suffolk University Law School in Philip A. Eichorn practices immigration and criminal law in Cleveland, and Charlotte, and focuses on removal and federal litigation. He is an adjunct professor of immigration law at Cleveland State University Cleveland Marshall College of Law, where he directs the immigration law curriculum. As of June 2013, Mr. Eichorn is the chair of the Ohio Chapter of the American Immigration Lawyers Association; since 2006, he has served on the Executive Committee of the Ohio Chapter of AILA as secretary and vice-chair. Mr. Eichorn earned his J.D. degree from the University of Akron School of Law in 2003 and his bachelor of arts degree from Ohio State University. Eric Fleischmann is a partner of Leets, Kostas & Wisner, LLP in Hartford, CT. He earned his bachelor s degree cum laude from Yale College and his J.D. from the University of Virginia Law School. Mr. Fleischmann represents a wide range of businesses in employment-related immigration matters. He has written articles on immigration for a variety of publications, and has contributed to AILA s Immigration Practice Toolbox, AILA s Immigration Practice Under NAFTA, and to the employment-based immigrant visa section of the Immigration Law & Practice treatise. He is included in the immigration law section of the 2012 editions of Super Lawyers and The Best Lawyers in America, has served on AILA s Board of Publications, and will be chair of the AILA Canada Chapter for Anna Marie Gallagher is a shareholder at Maggio + Katter in Washington, D.C., and head of the litigation and global practice areas. She has practiced in the field of immigration and refugee law for more than two decades, working in the United States, Central America, and Europe. Her experience includes private practice, advocacy in the nonprofit sector, and several years in academia. Ms. Gallagher is board chair for ASISTA, an organization dedicated to advocacy on behalf of immigrant women and children who are victims of domestic violence and sexual assault, and is president of the International Detention Coalition, an international organization dedicated to the promotion of human rights for refugees and migrants around the world who are subject to administrative detention. Gwenné P. Gibbons is the founder of Gibbons Law Offices, LLC, a full-service immigration law firm located in Atlanta. The University of Georgia School of Law graduate prides herself on creating customized solutions to bring or keep families together. In addition to zealously representing clients before U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, she regularly undertakes pro bono opportunities and educates the community about current immigration issues.

3 ABOUT THE CONTRIBUTORS 3 Sean Hanover has been working in the legal arena since graduating with double master s degrees in employment law (human resources) and union law (industrial relations) in He obtained his J.D. from the University of the District of Columbia in 2008 and maintains a vibrant practice that is focused on immigration, family law, criminal defense, and business law. He specializes in gang-related asylum, withholding of removal, and Convention Against Torture cases. Mr. Hanover is a member of the VA Bar and the DC Bar, and of the American Bar Association, National Association of Criminal Defense Lawyers, and American Immigration Lawyers Association. His firm, Hanover Law, practices in Maryland, Virginia, and the District of Columbia. Philip Hornik is a graduate of Puget Sound School of Law (now known as Seattle University). He has practiced immigration law in Portland, OR, since 1977 and has had a solo law practice since He is a frequent speaker at regional and national AILA seminars and is the current update editor of West Publication s Immigration Law and Defense, a publication of the National Immigration Project. He was awarded the 2006 Gerald H. Robinson Excellence in Immigration Advocacy Award, given each year by the Oregon AILA chapter. Jennifer Jimenez is a solo practitioner in Chicago. She is a graduate of DePaul University College of Law and her practice areas include family immigration and removal defense. Jessica Kunevicius earned her J.D. degree from the Cleveland Marshall College of Law and a master s degree in Public Administration from the Levin College of Urban Affairs, both of Cleveland State University, Cleveland. Ms. Kunevicius then returned to her adopted home of Denver, where she opened her law practice in Licensed in Colorado, she is a member of the American Immigration Lawyers Association, the Colorado Bar Association, and the Denver Bar Association. Ms. Kunevicius has won recognition as a Pro Bono Benefactor. Elizabeth B. Leete is a partner in the Hartford, CT, firm of Leete, Kosto & Wizner, LLP. She earned her B.A. degree from Wellesley College and her J. D. degree from the University of Connecticut with highest honors, where she was administrative editor of the Connecticut Law Review. She is a former law clerk at the Connecticut Supreme Court and past chair of the Connecticut Chapter of the American Immigration Lawyers Association. Kathy Margie is a litigator in private practice. She owns and operates a law office in Ridgefield, NJ, and her practice involves a variety of issues and clients with an emphasis on criminal, civil, and immigration law. She has extensive experience representing immigration clients in immigration courts across the United States in deportation and removal proceedings. Ms. Margie is a member of the American Immigration Lawyers Association, the Federal Bar Association, New Jersey State Bar Association, and the American Bar Association. She is also a volunteer attorney for Partners for Women and Justice; Queens Volunteer Lawyers Project; New York City Family Court; the New York State Courts Access to Justice Program s Volunteer Lawyer for the Day Project for consumer debtors and Uncontested Divorce Program in Brooklyn, NY. Siana J. McLean is currently of counsel to the firm of Muscato & Shatkin, LLP in Buffalo, NY. She graduated from the University at Buffalo Law School in Her practice focuses mainly on immigration defense where she represents clients in front of the Batavia, NY, Immigration Court; Buffalo, NY, Immigration Court; and Board of Immigration Appeals. She also has a developing practice in the area of post-final order detention matters. Ms. McLean was born on the beautiful island of Jamaica and is also a dual citizen of Canada. Her love for immigration law stems from her own immigrant experience. Michelle Mendez is a senior attorney at Catholic Charities Archdiocese of Washington Immigration Legal Services, where she had earlier been the DLA Piper Equal Justice Works Fellow. Ms. Mendez focuses her practice on deportation defense litigation, family-based petitions, domestic violence and crime victims relief, civil rights advocacy, appellate work, and community education. She also represents unaccompanied minors on special immigrant juvenile status matters in Maryland s circuit courts. She has presented at numerous national trainings and conferences including the Department of Justice 2009 Conference on Title VI of the Civil Rights

4 4 AILA S IMMIGRATION LITIGATION TOOLBOX, 4TH ED. Act of 1964 on the topics of immigration law, civil rights, and constitutional law. She is a 2008 alumna of the University of Maryland Francis King Carey School of Law, where she received the William P. Cunningham Award for Exceptional Achievement and Service. Ms. Mendez serves on the AILA National Unauthorized Practice of Law Committee and the Maryland Immigrant Rights Coalition Board of Directors. In 2011, she was selected for the National Hispaña Leadership Institute Advancing Latina Leaders in Non-Profits program, and in 2013 was selected as a Rotary Peace Fellow to study peace and conflict resolution at Chulalongkorn University in Bangkok, Thailand. Ms. Mendez is a native Spanish speaker from Medellín, Colombia, and also speaks French fluently. She lives in Baltimore with her fiancé, Nicholas, and beloved Bassett hound/husky, Ollie. Jose A. Moreno practices immigration law at the Moreno Law Group in Jacksonville, FL. He attended Emory University in Atlanta, and received a degree in financial economics in While in Atlanta, he met his wonderful wife, Mariam, whose selfless contributions have been a major factor in his success throughout life. He attended Temple University s Beasley School of Law where he trained under the direct guidance of an experienced immigration attorney during a year-long externship. In 2006, Mr. Moreno counseled immigration clients and attended Immigration Court hearings in Philadelphia, for a United Way nonprofit called the Nationalities Service Center. As a burn survivor, Mr. Moreno learned that life challenges are common to us all, but that the support group you choose to have around you at your time of need makes all the difference. In 2012, Mr. Moreno was honored with AILA s Pro Bono Champion Award. He has dedicated 25 percent of his practice to pro bono or low bono cases. Todd Pilcher is a partner in the Washington, D.C. based immigration law firm, Dzubow & Pilcher PLLC. He provides expert assistance in complex family immigration matters, asylum, inadmissibility waivers, removal and deportation, lawful permanent residency, and naturalization cases. Mr. Pilcher is a member of the American Immigration Lawyers Association and serves on the board of directors for the Capital Area Immigrants Rights Coalition (CAIR Coalition) in Washington, D.C. Arturo Art Rios, Jr., was born in Puerto Rico, but grew up in St. Petersburg, FL. He graduated from Eckerd College and obtained his J.D. at Stetson University College of Law, where he was a member of both the Trial Team and Moot Court. He went on to obtain an LLM in Trial Advocacy at Temple University. Mr. Rios serves as an adjunct professor at Stetson Law, where he teaches Immigration Litigation and Advocacy, and is on Stetson s Board of Overseers. His practice focuses on deportation defense and immigration litigation in federal courts. Following in his father s footsteps, he has served on the board of AILA s Central Florida Chapter for the past several years. He has been the chapter s ambassador to the American Immigration Council for these years as well, and truly enjoys the comradeship and collegiality of interacting with his AILA friends and colleagues. Mr. Rios enjoys spending all of his free time with his wife, two daughters, and family. Steven Riznyk is the head of ImmigrationCasePrep.com, a consulting firm for lawyers, with the slogan Counselor, Get Home at 5! Steven Riznyk, an AILA member, has been practicing immigration law for 25 years. He is the author of a DVD series that explains every visa and the green card in simple English, offers CLE credit, and has been used to train many lawyers and paralegals. He has lectured on immigration at both the University of Oxford and Duke University. Mr. Riznyk studied strategic management at Harvard and is an active business lawyer and litigator, with many E, L, and EB-5 visa cases to his credit. Siana Yancho and Emily Butler also are on the team of California-licensed attorneys at ImmigrationCasePrep.com. Marty Rosenbluth is an immigration attorney and the executive director of the North Carolina Immigrant Rights Project. He is a nationally recognized expert on Secure Communities and Immigration and Nationality Act 287(g) and has attended meetings at the White House and at Immigration and Customs Enforcement headquarters to discuss these programs with government officials. He is currently the chair of the Hispanic Latino Legal Issues Division of the North Carolina Advocates for Justice and a member of the Annual Conference Committee for the 2014 AILA annual conference. Prior to attending law school, Mr. Rosenbluth worked as a human rights researcher for Al-Haq, the West Bank affiliate of the International Commission of Jurists. He was recently named one of IndyWeek magazine s 2013 Citizens of the Year. He is a graduate of UNC School of Law.

5 ABOUT THE CONTRIBUTORS 5 Robert C. Ross is a magna cum laude graduate of Pace University School of Law, 1999, who primarily practices immigration law in West Haven, CT. Mr. Ross is a solo practitioner whose main practice fields are family immigration, asylum, removal defense, and appellate practice. Jacqueline Brown Scott is an immigration attorney who focuses on family-based immigration and removal defense. She runs a busy neighborhood law office in San Francisco s Richmond District. Ms. Brown Scott dedicates a significant part of her private practice to providing pro bono legal representation to children in removal proceedings. She began her career in immigration law at the San Francisco Immigration Court as an attorney advisor. She graduated cum laude from the University of San Francisco School of Law in Kip Evan Steinberg is a Certified Specialist in Immigration and Nationality Law and has received the highest possible rating (AV) for legal ability. He previously taught immigration law as an adjunct professor at Hastings College of the Law and is listed in the Bar Register of Preeminent Lawyers. Mr. Steinberg is a member of the California State Bar Immigration and Nationality Advisory Commission and was named as a Northern California Super Lawyer in San Francisco magazine in Kelli J. Stump focuses her immigration law practice on complex deportation, federal litigation, and family and employment-based immigrant petitions and waivers of inadmissibility. A member of AILA, Ms. Stump is currently the Texas/ Oklahoma/New Mexico Chapter treasurer. She is serving her second term on the AILA National ICE Committee and also serves on the AILA Annual Conference Committee. Stacy Tolchin has practiced exclusively in immigration law since Before she founded the Law Offices of Stacy Tolchin in December 2010, Ms. Tolchin was a staff attorney with Van Der Hout, Brigagliano & Nightingale, LLP, a San Francisco based immigration law firm. Ms. Tolchin specializes in complex deportation cases and primarily litigates before the federal circuit courts of appeals and U.S. district courts, as well as before the Executive Office for Immigration Review. She also speaks regularly at conferences regarding federal court immigration litigation, removal defense, and national security immigration cases. Jonathan Willmoth is owner of Willmoth Immigration Law in Kansas City, MO. He is the chair of the AILA Missouri Kansas Chapter, and a frequent AILA presenter both locally and nationally. Mr. Willmoth is author of a number of articles in AILA publications. He received his J.D. from the University of Missouri Kansas City in Michael J. Wishnie is William O. Douglas Clinical Professor of Law and Deputy Dean for Experiential Education at Yale Law School. Mr. Wishnie s teaching, scholarship, and law have focused on immigration, labor and employment, civil rights, veterans rights, and administrative law. For years, he and his students have represented labor, religious, veterans, and grassroots organizations in a range of litigation, legislative, media, and community education matters. He is a graduate of Yale College and Yale Law School and served as a law clerk to Judge H. Lee Sarokin of the U.S. District Court of New Jersey and U.S. Court of Appeals for the Third Circuit, and to Justices Harry A. Blackmun and Stephen G. Breyer of the U.S. Supreme Court.