About The Conference
Welcome back to the in-person AILA NW Regional Conference! We're excited to be back together .
This year’s Keynote Speaker is Elliott Young, Professor in the History Department at Lewis and Clark College. Professor Young will speak about the "History of Racism in Immigration Law with a Special Focus on Illegal Entry Charge."
Professor Young is the author of Alien Nation: Chinese Migration in the Americas from the Coolie Era through WWII, Catarino Garza’s Revolution on the Texas-Mexico Border, co-editor of Continental Crossroads: Remapping US-Mexico Borderlands History, and a new book Forever Prisoners: How the United States Made the World’s Largest Immigrant Detention System. He is co-founder of the Tepoztlán Institute for Transnational History of the Americas and the Migration Scholar Collaborative (MiSC) and has also provided expert witness testimony for over 450 asylum cases.
The Basics of Immigration track will include panels about the following topics:
Wednesday September 21st
8:30 -10:00 AM: Bond, Parole, and Immigration Detention
Julie Braker, Northwest Immigrant Rights Project, Tacoma, WA
Lisa Herrera, Northwest Immigrant Rights Project, Tacoma, WA
We will cover the basics of client representation at the Northwest ICE Detention Center and Tacoma Immigration Court, including logistics and tips for preparing cases for individuals in detention, parole/release requests with ICE, bond, and updates about advocacy at the detention center.
10:15 – 11:45 AM: The ABCs of Nonimmigrant Work Visas
Gretel Ness, Parker Butte & Lane, PC, Portland, OR
Matthew Hughes, Black Helterline LLP, Portland, OR
Jimmy Go, Jimmy W. Go, P.C., Portland, OR
This panel will give you an overview of the various work visa categories used by petitioning employers to bring in foreign national workers, the USCIS, DOL, and DOS processes for securing these visas, including change of status, transfer petitions, extensions, and consular processing. The panelists will also provide real world examples on the use of these visa categories and cover the strategizing and big-picture analysis that must be followed when taking on these types of cases.
12:00 – 1:00 PM: "History of Racism in Immigration Law with a Special Focus on Illegal Entry Charge."
Keynote Speaker: Professor Elliot Young, History Department, Lewis and Clark College
1:15 – 2:30 PM: T Visas: Relief for Survivors of Trafficking
Maggie Davis, Northwest Immigrant Rights Project, Tacoma, WA
Stephanie Martinez, Northwest Immigrant Rights Project, Seattle, WA
Ali Schneider, Meadowlark Immigration PC, Portland, OR
This presentation will cover the basic elements of a T Visa, how to prepare a successful petition, the process for obtaining legal permanent resident status when a T Visa is approved, and considerations related to reporting trafficking to law enforcement in both Washington and Oregon. Presenters will also cover trauma informed practices and services available to trafficking survivors in the Northwest.
2:45 – 4:00 PM: PERM Basics: Step-By-Step
Alan Perkins, Tonkon Torp LLP, Portland, OR
Kirsten Eklund, Davis Wright Tremaine LLP, Seattle, WA
Basics review of the PERM process, including intake, initial considerations, analysis, duties and requirements workup, prevailing wage requests, recruitment, electronic filing, and audits. The panel will also review recent updates and general practice tips.
Thursday September 22nd
8:30 – 10:00 AM: The Categorical Approach: It's Not as Scary as You Think!
Erin McKee, Oregon Justice Resource Center, Portland, OR
J.J. Rollin, Oregon Justice Resource Center, Portland, OR
Tess Douglas, DGO Legal - De Girolamo Oyhanarte LLP, Seattle, WA
When you see a crime do you immediately get scared? Do you wish you had the tools to quickly determine whether your client's crime will cause immigration consequences? If so, this panel is for you. We’ll give you the practical tools to determine the immigration consequences of a past or pending criminal offense and a basic primer on how to apply the categorical analysis.
10:15 – 11:45 AM: Everything You Need to Know for Your First H-1B Filing
Melina LaMorticella, Tonkon Torp LLP, Portland, OR
Melany Savitt, Tonkon Torp LLP, Portland, OR
Kevin Lederman, Cowan Miller & Lederman, Seattle, WA
Panelists will review the H-1B legal standard, H-1B cap details including registration process, USCIS filing process, required forms and supporting documents for petition filing, employer obligations, period of stay, and derivative family members.
1:15 – 2:30 PM: Immigration Office Best Management Practices
Erick Widman, Passage Immigration Law, Portland, OR
Gretel Ness, Parker Butte & Lane, PC, Portland, OR
Suzy Wolters, Parker Butte & Lane, PC, Portland, OR
The panelists will discuss best practices to ensure both small and larger offices run as smoothly and as profitably as possible. We will cover topics ranging from knowing when to start your own firm, pros, and cons of joining a partnership, hiring practices, office roles, practice management tools, office culture, on-site/remote/hybrid work, office protocols to implement, IT security and data backups, as well as long-term/succession planning.
2:45 – 4:00 PM: Oh Dilemma! Conflicts and Ethical Quandaries in Immigration Law
Raquel Hecht, Hecht & Norman LLP, Eugene and Salem, OR
Terry Preshaw, Law Offices of Terry T Preshaw P.S., Everett, WA
Open discussion with audience participation regarding ethics issues arising in the practice of immigration law. The discussion will center around common dilemmas such as identifying conflicts of interest, multiple client representation, receipt of adverse information that may affect your client’s case and more!
4:15 – 5:30 PM: Vicarious Trauma and Building Resilience
Gabrielle Baker, LCSW, IMPACT (Immigration Psychology Access Team), Portland, OR
Marina Valdez, PhD, IMPACT (Immigration Psychology Access Team), Portland, OR
Immigration attorneys and intake staff and other “first responders” are at high risk for
vicarious traumatization. We are faced with the unprecedented needs of immigrants and
refugees, including unaccompanied minors, as well as our own stress. This
presentation defines and explains vicarious trauma specifically for immigration attorneys
and staff and addresses ways to build resilience.
The Removal Defense/Family Based Immigration track will include panels about the following topics:
Wednesday September 21st
8:30 – 10:00 AM: Crimmigration Advanced Topics
Erin McKee, Oregon Justice Resource Center, Portland, OR
J.J. Rollin, Oregon Justice Resource Center, Portland, OR
Jonathan Moore, Washington Defender Association, Seattle, WA
We'll be taking a deep dive into topics related to the categorical analysis, including how to properly apply the Duenas 'realistic probability' test, how to identify criminal elements, and how merger and mens rea law affects the categorical analysis.
10:15 – 11:45 AM: Federal Litigation
Brent Renison, Parrilli Renison LLC, Portland, OR
Michael Purcell, Law Office of Michael Purcell, Portland, OR
12:00 – 1:00 PM: "History of Racism in Immigration Law with a Special Focus on Illegal Entry Charge."
Keynote Speaker: Professor Elliot Young, History Department, Lewis and Clark College
1:15 – 2:30 PM: Asylum Updates - with a Focus on Particular Social Group
Patrick Sherwood, Patrick H. Sherwood, P.C., Portland, OR
Christopher Strawn, Northwest Immigrant Rights Project, Seattle, WA
Renee Cummings, Oregon Immigration Group, PC, Portland, OR
This panel will address current issues in asylum cases. The panelists will offer suggestions on how to approach particular social group (PSG) and nexus, examine recent developments in PSGs, and address topics including credibility, dual nationality, and internal relocation.
2:45 – 4:00 PM: The Latest on Prosecutorial Discretion and Procedural Issues
Alma Jean, Lutheran Community Services Northwest, Portland, OR
Maria Zlateva, Law Office of Maria Zlateva, Salem, OR
Stephen Robbins, Robbins Immigration Law PLLC, Yakima, WA
This panel will address the current state of prosecutorial discretion in removal proceedings. Topics include types of prosecutorial discretion, Department of Homeland Security guidelines and standard operating procedures, and practice pointers for practitioners. The panel will also address electronic filing in Immigration Court.
Thursday September 22nd
8:30 – 10:00 AM: SIJS Predicate Orders – Vulnerable Youth Guardianships and State Courts
MariRuth Petzing, Oregon Law Center, Portland, OR
Mark Bowers, Oregon Law Center, Portland, OR
Kelly Vomacka, Vomacka Law, Seattle, WA
Learn to recognize eligibility for SIJS under Oregon and Washington law, which now allows for Vulnerable Youth Guardianships for those aged 18-21. Even better, learn how to file a guardianship in Oregon or Washington courts! We’ll walk through cases together, go over the substantive law, the procedural requirements, give tips and tricks for service, and provide templates for you to use in the future. Come appreciate the joys of state courts such as functional e-file systems, helpful clerks, speedy resolutions, and even some great judges!
10:15 AM – 11:45 AM: Representing Individuals with Mental Health Symptoms in Removal Proceedings
Nancy Alexander, Lucas & Barba LLP, Portland, OR
Kristin Kyrka, Higuera & VanDerhoef PLLC, Seattle, WA
Marina Valdez, PhD, IMPACT (Immigration Psychology Access Team), Portland, OR
Attorneys Nancy Alexander and Kristin Kyrka and Psychologist Marina Valdez will discuss competency in removal proceedings and the legal framework provided in Matter of M-A-M-. They will cover how to request a Matter of M-A-M- hearing and discuss ideas for safeguards. Dr. Valdez will provide valuable insight into working with mental health professionals who provide essential evaluations to support claims for relief and safeguards requests.
1:15 – 2:30 PM: Demystifying a Ninth Circuit Appeal
Devin Theriot-Orr, Open Sky Law, PLLC, Kent, WA
Patrick Sherwood, Patrick H. Sherwood, P.C., Portland, OR
This panel will communicate the process of litigating a Ninth Circuit appeal of a BIA decision and address common procedural issues along the way. The panel will discuss time bars to appeals, jurisdictional bars, filing petitions for review, motions to stay removal, briefing tips, and oral argument. The panel will be of greatest benefit to practitioners who have little to no experience with Circuit Court appeals.
2:45 PM – 4:00 PM: Special Immigrant Juvenile Classification
Kayley Bebber, Northwest Immigrant Rights Project, Seattle, WA
Anna Ciesielski, Oregon Immigration Group, PC, Portland, OR
The presentation reviews eligibility for SIJ classification, describes various state court avenues for obtaining SIJ orders in Washington and Oregon and explains recent updates including SIJ deferred action and the new SIJ regulations.
4:15 – 5:30 PM: INA 245 (i) Ay Ay
Rachel Game, Game Immigration Law PC, Portland, OR
Maria Cobarrubias, Maria Cobarrubias Immigration Law Firm, Salem, OR
Manuel Rios, Rios Immigration Defense, PS, Seattle, WA
As the visa bulletin inches forward to include the cutoff date for 245(i), this CLE gives a refresher on the ins and outs of the law and we will also share some common scenarios we see in our practices.
The Employment Based Immigration track will include panels about the following topics:
Wednesday September 21st
8:30 – 10:00 AM: H-1B Advanced Track: Is It Safe to Come out From Hiding?
Melina LaMorticella, Tonkon Torp LLP, Portland, OR
Melany I. Savitt, Tonkon Torp LLP, Portland, OR
Kevin Lederman, Cowan Miller & Lederman, Seattle, WA
Panelists will review:
- H-1B Electronic Lottery lessons learned over the past three years
- Options for H-1B filings for Cap-Exempt employers and worksites
- Remote work/work-from-home for H-1B employees
- Requests for Evidence: what they looked like 3 years ago, what they look like now
- Priority date advancements for H-1B employees from India & China and strategies to preserve eligibility for AC 21 extensions
- H-1B visa appointments, who is getting and how
- How the labor market is impacting our H-1B practice
10: 15 – 11:45 AM: EB-5 Practices/E-2 investments and essential employees
Cletus Weber, Peng & Weber, Mercer Island, WA
Elizabeth Peng, Peng & Weber, Mercer Island, WA
This presentation focuses on providing an overview of EB-5 to help practitioners new to EB-5 learn more about how the program works in real life and also focuses on providing those who are more familiar with EB-5 the new provisions of the recently enacted EB-5 Reform and Integrity Act of 2022.
12:00 – 1:00 PM: "History of Racism in Immigration Law with a Special Focus on Illegal Entry Charge."
Keynote Speaker: Professor Elliot Young, History Department, Lewis and Clark College
1:15 – 2:30 PM: Recent Trends in RFEs
Turid Owren, Tonkon Torp LLP, Portland, OR
Jeng-Ya Chen, Ryan Swanson & Cleveland, PLLC, Seattle, WA
Please join our panelists for a discussion on recent trends in RFEs with a focus on business visas. The panelists will address approaches to responding to RFEs and provide examples of successful strategies. The panel will cover common RFEs received for EB-1, L-1, PERM based EB-2, H-1B and O-1 visas, as well as strategies on how to respond to overreaching RFEs from USCIS, resubmitting evidence, and responding to USCIS errors in RFEs.
2:45 – 4:00 PM: Tips and Strategies for Physicians and Allied Healthcare Workers – Covid Changed Very Little
Dagmar Butte, Parker Butte & Lane, PC, Portland, OR
Teuta Norman, Hecht & Norman LLP, Eugene and Salem, OR
Hollie Davis-Frick, PeaceHealth, Vancouver, WA
This panel will cover:
Conrad Physician Waiver – How, when, and where to file
Unusual Physician Cases – aka Those Darned Canadians
Nurses – NIV versus IV Issues
Therapists and other Allied Health Care Workers – Traps for the Unwary
Thursday September 22nd
8:30 -10:00 AM: Strategies for Working with Consular Backlogs and Overcoming Consular Denials
Matthew Hughes, Black Helterline LLP, Portland, OR
Joel H. Paget, Ryan, Swanson & Cleveland, PLLC, Seattle, WA
Erin Zipfel, Law Offices of Erin Zipfel, PLLC, Redmond, WA
10:15 – 11:45 AM: H2A AND H2B Programs
Bradley Maier, Schwabe Williamson & Wyatt, Portland, OR
Diane Butler, Davis Wright Tremaine LLP, Seattle, WA
Dan Fazio, Washington Farm Labor Association, Lacey, WA
The Basics of H-2A Foreign Agriculture Workers and H-2B Temporary Workers.
1:15 – 2:30 PM: USCIS Updates
Ester Greenfield, MacDonald Hoague & Bayless, Seattle, WA
Barbara Marcouiller, Davidson, Kilpatric & Krislock, PLLC, Kirkland, WA
Erik Finch, Boundless Immigration, Seattle, WA
The panel will discuss USCIS policy and operational updates including changes to the policy manual, operations and staffing updates at Pacific Northwest Field Offices, and changes to USCIS procedures that affect employment-based visa processing and employment authorizations.
2:45 – 4:00 PM: Weighing Whether to Go to Press or the Public with Your Business Clients
Belle Woods, American Immigration Lawyers Association, Salem, OR
Jaime Langton, Four Corners Immigration Law, Portland, OR
Karol Brown, World One Law Group, Bellevue, WA
This presentation will help practitioners think through whether proactively reaching out to press or to the public via social media makes sense for their client and the larger effort to inform and educate about the need for fair and just immigration laws and policies. Beyond building relationships with reporters, the session will also cover opinion pieces (by the client or the practitioner) and social media outreach tactics. The session will wrap up with a discussion of how being active and engaging with press and via social media can increase your firm’s presence online, making it more likely potential clients can find you.
4:15 – 5:30 PM: Practice Tips for post-Pandemic PERMs
Tess Douglas, DGO Legal - De Girolamo Oyhanarte LLP, Seattle, WA
Kirsten Eklund, Davis Wright Tremaine LLP, Seattle, WA
Catch up on what has happened to PERM Labor Certifications since the pandemic, including changes to the work landscape, challenges with online recruitment, new SOC codes, new 9141 with alternative requirements, longer timelines, and more! Join in as we discuss practice tips to manage and balance employer and employee expectations, business necessity, and legal compliance, as well as your own business’ needs.
Hotel
For our colleagues coming from other cities, we have a block of rooms at the Hyatt Regency Portland, which is adjacent to the Oregon Convention Center and the Moda Center/Rose Quarter. It’s the perfect destination to explore the city’s various neighborhoods. As curators of everything Portland, the hotel showcases the area’s best artisans, including Wayfinder Brewing, Wild Roots Spirits, Adelsheim Vineyards, and more.
Please reserve your hotel room here: https://www.hyatt.com/en-US/group-booking/PDXRP/G-OJFE
Other hotels near the Oregon Convention Center
Hotel Eastlund, BW Premier Collection : Visit the website
Inn at the Convention Center: Visit the website
Courtyard by Marriott Portland Downtown/Convention Center: Visit the website
