Challenging a Deficient NTA | Immigrant Legal Resource Center

Date and Time:

06/15/2023 11:00am to 12:30pm PDT

Recorded Date:

06/15/2023

Place:

Online

Registration Deadline:

Thursday, June 15, 2023 - 11:00am

Presenter:

Erin Quinn

Anita Gupta

MCLE:

1.5 CA & TX

Level: All

Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a case, triggers the stop-time rule in various contexts, or is sufficient for the issuance of an in absentia removal order. In this webinar, we will discuss how to challenge a NTA that is missing the time, date, or location of proceedings, and we will review the latest caselaw on this topic, including Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). We will also discuss best practices for preserving arguments for appeal, even when BIA or circuit court caselaw is not on our side.

Presenters

Erin Quinn

Erin Quinn is an attorney based in San Francisco. Her work focuses on building capacity of organizations and practitioners to assist immigrants. She conducts trainings on immigration law throughout the United States and provides legal expertise through the ILRC’s Attorney of the Day program. Erin has contributed to numerous ILRC publications as author or editor, including Removal Defense: Defending Immigrants in Immigration Court; Essentials of Asylum and many others. In addition, Erin works on issues related to immigration status and healthcare as well as consumer protection. She has published articles with LexisNexis Emerging Issues and American Immigration Lawyers Association (AILA).

Prior to coming to the ILRC, Erin represented immigrants in all aspects of their immigration matters, with an emphasis on removal defense and complex cases. She was owner and attorney at her own firm for 5 years after defending immigrants as an associate at the Law Office of Robert B. Jobe. Her experience in immigration law and policy includes working as a fellow for the United Nations High Commissioner for Refugees, EU headquarters in Belgium; clerking for the Immigration Court of San Francisco; and teaching courses as a lecturer at California State University, East Bay. Erin is on the Advisory Council for the Northern California Chapter of the American Immigration Lawyers Association (AILA), in which she serves as Consumer Protection Coordinator.

Erin holds a joint degree in law and public policy (JD/MPP) from the University of Michigan, where she was co-editor of Michigan Journal of Gender & Law. She received her undergraduate degree from University of California, Los Angeles, where she majored in English and Anthropology. She is a member of the California Bar and proficient in Spanish.

Anita Gupta

Anita Gupta is a senior staff attorney based in Austin, Texas, where she focuses on building the capacity of legal practitioners in Texas to represent immigrants in immigration and criminal proceedings. She conducts trainings on immigration law, provides legal expertise through the ILRC’s Attorney of the Day program, and writes practice manuals and advisories for practitioners across the country. She also works with advocates and local officials throughout Texas to strategize, pass, and implement local policies that reduce the arrest-to-deportation pipeline. She focuses on issues related to removal defense, federal immigration enforcement, and the intersectionality of the immigration and criminal legal systems.

Prior to joining the ILRC, Anita worked in private practice in Austin, specializing in removal defense and humanitarian-based immigration relief. She has also worked at American Gateways and the National Immigrant Justice Center, where she represented low-income immigrants in a variety of matters before the immigration courts, USCIS, and ICE.

Anita obtained her Bachelor’s Degree from the University of Wisconsin-Madison, and she earned her law degree from DePaul University in Chicago. During law school, Anita participated in DePaul’s Asylum and Refugee Law clinic, and she interned at the Legal Assistance Foundation and the National Immigrant Justice Center. Anita is admitted to the Illinois bar.