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Post-conviction Relief in a Post-Chaidez World

  • 2:00 PM - 3:30 PM
  • Eastern Time (US & Canada)
  • By: AILA
  • This event takes place telephonically.
  • Source: Immigration Advocates Network > IAN Nonprofit Resource Center
Topics:
  • Immigration

Although Padilla v. Kentucky was not given retroactive application, post-conviction relief is still relevant and important. However, its scope and availability remains the subject of contention. Learn from our panel of experts how advocacy can make a difference for immigrant defendants.

  • The Court Giveth and the Court Taketh Away: A Discussion of the Roots of the Sixth Amendment in Gideon v. Wainwright and Strickland v. Washington
  • Is Your Client Prejudiced?
    -Building a Successful Theory That Ineffectiveness Made a Negative Impact on a Client's Immigration Status or their Eligibility for Relief from Removal
    -The Reasonableness Question: Predicting and Documenting Alternate Outcomes
  • Finding the Alternate Path: Considering State Procedural Remedies That Avoid the Time Limitations of Chaidez
  • It's Not Over 'Til We Say Its Over: Why Execution of Deportation Should Not Strip State Court Rights for Post-conviction Relief (Including Appeals)
  • Return of the Vindicated Client

Faculty:

  • Karl William Krooth (dl), San Francisco, CA
    Karl William Krooth conducts post-conviction relief, tailors immigration-neutral plea bargains, and seeks U visas for those subject to conviction-based inadmissibility. Karl honed his edge by conducting prosecutions before opting for PCR and criminal defense of immigrants. Karl is law enforcement liaison to AILA's Northern California Chapter, was local Immigration Committee chair to the National Lawyers Guild (NLG), and was on NLG's local board for another term. SuperLawyers has recognized Karl as a "Rising Star" for PCR."
  • Michael S. Vastine, Miami Gardens, FL
  • Wendy S. Wayne, Somerville, MA
    Wendy Wayne is the Director of the Immigration Impact Unit at the Massachusetts public defender office (CPCS), where she advises, trains and provides litigation support to criminal defense attorneys. Ms. Wayne lectures frequently on the interplay between immigration and criminal law. She was lead counsel in Commonwealth v. Sylvain, 466 Mass. 422 (2013), in which Massachusetts' highest appellate court held that Padilla v. Kentucky is retroactive under state law.

Registration:
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Tuition Assistance:
Full and partial tuition assistance will be offered to participants based on need and availability for all audio and web seminars. Please complete the tuition assistance application for consideration.

  • CLE Credit Comments: AILA will file for CLE and specialized credit in all jurisdictions with mandatory CLE and specialized requirements. More details about specific approvals will be available here closer to the seminar date.