MCLE

On Saturday, July 26, The UC Davis Immigration Law Clinic and the UC Davis Immigration Law Alumni Council presented GULAG USA: Legal Challenges to Immigrant Detention, an MCLE on keeping immigrant clients or criminal defendants out of detention and protecting their rights while detained. National experts led a training program on the legal issues for this area of law for immigration and criminal practitioners. The program was from 8:30am to 2:30pm and offered 4.5 MCLE Units. The event was held at California Western School of Law in San Diego.

The program included 9 presenters. Their topics are identified below. You may link to the presenter's outline or power point of their presentation by clicking on the topic heading below.

Program

1. Panel One: Administrative (Immigration) remedies: Bond or Joseph hearings.
   • Immigration Bond Hearing (Fatma E. Marouf, Esq.)
   • Mandatory Detention Under INA Section 236(c) (Christina Powers)
   • Detention Standards for Arriving Aliens, Children and Victims of Crime (Sue Lake)
   • Automatic Stays of Bond Decisions ( Raha Jorjani)
2. Panel Two: Judicial remedies for immigration detention and conditions of confinement, Habeas Corpus, Bivens actions and attorney's fees.
   • Litigating Prison and Jail Conditions; and Litigating Immigration Detention Conditions (Tom Jawetz)
   • Model Petition for Writ of Habeas Corpus and Model Memorandum of Points and Authorities For Prolonged Immigrant Detention ( Holly Cooper)
   • Petitioner's Motions for Attorney's Fees (MS Word Download) (Carter White)
3. Panel Three : Litigation by the Federal Defenders of San Diego challenging post final removal order detention and prolonged detention.
   • Selected Relevant Cases, model letters requesting supervised release of post removal order detainee, model Habeas Petition for post removal order detainee, Prieto-Romero v. Clark, 534 F.3d 1053, 2008 WL 2853396 (C.A. 9th (Wash.)) and Casas-Castrillon v. DHS, 535 F.3d 942, 2008 WL 2902026 (C.A. 9th (Cal.)) (Presenters: Vincent Brunkow, James Fife and Janet Tung, Federal Defenders of San Diego, Inc.)

Other Pertinent Resources:

A Legal Guide for INS Detainees published by the Commission on Immigration Policy, Practice and Pro Bono

Voice from Detention: A Report on Human Rights Violations at the Northwest Detention Center in Tacoma Washington

American Immigration Law Foundation, Practice Advisories

Attorneys Fees
Equal Access to Justice Act (EAJA) Fee Application (April 7, 2006) This Practice Advisory addresses the deadline for filing an Equal Access to Justice Act (EAJA) fee application, the statutory requirements for eligibility, and procedural aspects of filing an EAJA fee application, including documenting and calculating fees.

Introduction to Habeas Corpus (April 2006)
This is a short introduction to habeas corpus, addressing when and how a petition for habeas corpus can be used in the immigration context.

Arrest, Detention, and Bond Procedures for Noncitizens
Without Criminal Convictions (July 2008)
This practice advisory focuses on the law governing the arrest, detention and bond procedures for people present in the United States who do not have criminal convictions.

For more information, please contact our Alumni Relations office at 530.754.5326, or alumni@law.ucdavis.edu.