Panelists Claudia Bernard Chief Circuit Mediator John Blakeley Department of Justice Stacy Tolchin Private Practitioner Leon Hazany Private Practitioner What are the various alternate forms of relief potentially available to a petitioner ID: 497045
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Slide1
Mediation, Prosecutorial Discretion and RemandSlide2
Panelists
Claudia
Bernard (Chief Circuit Mediator)
John Blakeley (Department of Justice)
Stacy
Tolchin (
Private Practitioner)
Leon Hazany (Private Practitioner)Slide3
What are the various alternate forms of relief potentially available to a petitioner?
DACA
DAPA
Admin Closure
Taken off the active docket, can be re-calendared by either party, no longer have deport/removal order
Stays / Deferred Action
(I-246 with DRO), deport/removal order remains
Motions to Reopen
Now eligible to adjust
Post Conviction Relief
Other ReliefSlide4
When might you want to consider seeking this relief for your clients?
When might you NOT want to consider this relief?
What does your client want
Possibility of other relief in the
future
Likelihood of success with Petition for Review
Danger of dismissing your Petition for Review
Possibility of EAJA feesSlide5
How to seek relief?
Contact OIL attorney and try to work it out
Seek mediation of the issues
Go directly to DHSSlide6
What is the role of OIL regarding these various forms of relief?
Screen cases for possible PD
Reach out to Petitioner’s counsel
Seek mediationSlide7
Remands
Under what circumstances does OIL ask for a remand?
When should petitioner consider asking for a remand?
When does OIL review a matter for possible remand?Slide8
What ways can mediation help with PD and remands?Slide9
How does the mediation program work, and how has it changed since the President’s Executive Order?
Attorney Requests
Panel Referrals
StatisticsSlide10
Mediation in the Ninth Circuit
A Few Statistics
Claudia BernardSlide11
Immigration Cases Received by Mediation 2012 - 2015Slide12Slide13Slide14
Unopposed RemandsSlide15
Questions?