Defensive Asylum: Case Analysis, Strategies And Best Trial Practice

Date: Available 24/7 CLE Credits: 1 General

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Course Description

This program was recorded on April 11th, 2019

Handling an asylum case in immigration court is no easy task. This course will cover key points to keep in mind when you first set out analyzing your client’s asylum case, which in turn will help you predict challenges and determine the type of evidence you will need to gather to overcome those challenges. Legal concepts, such as burden-shifting, presumptions, what qualifies as a valid particular social group, internal relocation, and relevant case law /statutes will also be discussed. Additionally, while no two cases are ever the same, the course will go over some common key points to keep in mind when developing your particular case strategy. Finally, this course will cover tips for best trial practice so you can be as prepared as possible for what will be one of the most important days in your client’s life.



  • Ashley Arcidiacono
    Ashley M. Arcidiacono is the founder of Abogada Ashley Immigration, Inc. which she opened in April 2017. Ashley practices solely immigration law. She is licensed to practice law in California. Ashley represents clients in removal proceedings before the Immigration Court and affirmatively before United States Citizenship and Immigration Services (USCIS). Ashley is an active member of her local American Immigration Lawyers Association (AILA) chapter. She has extensive experience in assisting undocumented crime victims to obtain lawful immigration status. In particular, Ashley has helped numerous undocumented crime victims to navigate the U visa petitioning process as well as to obtain relief under the Violence Against Women Act (VAWA). She has also participated as a panelist/speaker on U visas at the 2015 AILA California Chapters Conference and at the 2016 AILA National Conference, and she regularly speaks on the topic of immigration options for domestic violence survivors during South Bay Community Services’ annual domestic violence training held for law enforcement personnel, social workers and other domestic violence advocates and first-responders.

    Contact Ashley Arcidiacono
      • 1 General Credit
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    1. Case Analysis:
      1. Do you have a one year issue?
      2. Past persecution presumption or future persecution only?
      3. Is there more than one ground/basis for asylum?
      4. Is there more than one particular social group you can formulate?
      5. Who is the persecutor?
      6. Internal relocation issues
      7. Access to corroborating evidence
    2. Strategies:
      1. Know your immigration judge
      2. Know your client
      3. Should you provide a written declaration in support of the case?
      4. Narrow the issues with DHS before the merits hearing (but beware!!)
      5. Advance ALL possible bases/social groups and let the judge decide
      6. Witnesses
      7. Expert witnesses
      8. Develop your roadmap
      9. Be prepared for it all
      10. Practice, practice, practice with your client
    3. Best Trial Practice:
      1. You can NEVER be too prepared
      2. Hold your ground but be reasonable
      3. Follow your roadmap and don’t be intimidated
      4. Be cognizant of the judge’s demeanor/facial expressions
      5. Be aware of developing case law
      6. Be prepared to distinguish / analogize to cases pertinent to your client’s
      7. Always remember you are creating your record for appeal
      8. Don’t rush.
      9. No case will ever go perfectly

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