October 24th - Preparing and Winning an Asylum Case

Location: Serafina Tribeca - 95 W Broadway, New York, NY 10007

Cost: Thanks to this month’s sponsor, Labe M. Richman, our dinner prices have been
REDUCED to only $50 for MEMBER and $60 for NON-MEMBERS!

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ADDA Meeting Agenda

6:30 - 7:00 p.m.

• Cocktails & Networking

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7:00p.m. Sharp - Meeting Starts 

• General Announcements 

• Recent Significant Case Update  Jeffrey S. Chase, Former IJ & Board Member

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7:15-7:30p.m.

• Post-Conviction Relief - How it Works & How it Can Save Your Client from Deportation by Labe M. Richman, Esq. - October's Meeting Sponsor & Post Conviction Attorney

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7:30 - 9:00p.m.

• Preparing a Winning Asylum Case & Discussion of Theories for Central America Asylum (see link below for program details)

9:00 - 9:30p.m.

• Open Discussion: Members share 2 min. summary of Recent Central American Asylum Wins

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Asylum Program Panel:

H. Raymond Fasano, Esq. - Moderator
Youman, Madeo, Fasano, LLP

Professor Lauris Wren, Clinical Professor
Hofstra University Law School Asylum Clinic

Dawn P. Guidone, Esq.
Dawn Pipek Guidone & Associates

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Heather Axford, Esq.

Central American Legal Assistance

Rebecca Rook, Esq.  
Youman, Madeo, Fasano, LLP

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The nuts and bolts of an asylum application:
 
- What is the definition of asylum?
- What must be included in an asylum application?
- What is the burden of proof for asylum?
- How to corroborate a claim under the REAL ID Act?
- One-year filing deadline and its exceptions
 

Private actors:
 
- Discussion addressing claims where private actors are the persecutor, not the
government. 
- What claims involving private actors may still be pursued? What is the “unwilling or
unable” to protect standard?
 

Central American claims:
 
- Discussion addressing the development of specific alternate theories for protecting
Central American asylum seekers: perhaps theories rooted in religion, imputed political
opinion, the fact that El Salvador is a failed state that cannot provide the basic security
and protection which individuals in a society are to expect from their government under
the social contract theory, such that the maras – in the poor neighborhoods – become the
de facto government that is oppressing the people and therefore asylum protections
should be applicable. 
- Discussion whether gang asylum claims are still viable after Matter of A-B-
 

PSG claims after Matter of L-E-A and Matter of A-B-:
 
- The AG in L-E-A- did not explicably hold that family is not a PSG. The AG stopped short
of that ruling in the same manner as he did not explicitly hold that victims of domestic

violence and gang asylum claims cannot be a PSG.  The AG held that the BIA had not
conducted the required analysis in issuing its precedent decision as it applies to family in
the PSG context.
- How do we use the guidelines in L-E-A- and A-B- when we are pursuing a PSG claim.  
 

How to effectively prepare an asylum applicant when there is a safe third country bar to asylum:
 
- What is the safe third country theory?
- How does the safe third country theory bar asylum eligibility?
- After you file an affirmative I-589 how can you prepare the client to answer questions
seeking to bar eligibility based on the safe third country theory