Relief Options for Petitioners and the Role of Mediation
This content delves into various forms of relief available to petitioners, such as DACA and Admin Closure, and explores when seeking relief may be beneficial. It also discusses the role of the Office of Immigration Litigation (OIL) in screening cases and seeking mediation. Learn about remands, when OIL requests them, and how mediation can assist in cases of prosecutorial discretion and remands. Discover how the mediation program operates and its evolution post the President's Executive Order.
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Presentation Transcript
Mediation, Prosecutorial Discretion and Remand
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? 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 Relief
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 fees
How to seek relief? Contact OIL attorney and try to work it out Seek mediation of the issues Go directly to DHS
What is the role of OIL regarding these various forms of relief? Screen cases for possible PD Reach out to Petitioner s counsel Seek mediation
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?
What ways can mediation help with PD and remands?
How does the mediation program work, and how has it changed since the President s Executive Order? Attorney Requests Panel Referrals Statistics
Mediation in the Ninth Circuit A Few Statistics Claudia Bernard
by Mediation 2012 - 2015 879 757 Axis Title 487 205 2012 2013 2014 2015
Cases Received 1000 900 800 700 600 500 400 300 200 100 0 2012 2013 Attorney Requests Opposed Remands Other Court Referrals Panel Referrals 2014 2015
Attorney Requests 2015 300 244 250 211 200 150 100 50 5 0 Made Deferred Came Back
Remands 500 454 450 400 350 300 250 200 183 200 121 150 100 50 0 2012 2013 2014 2015
