Sunday, September 11, 2005

Immigration Law Conference

Chief Judge John Walker of the U.S. Court of Appeals for the Second Circuit will be our keynote speaker during lunch. The schedule is below. You can register by going to:

2005 Fall Symposium Monday, September 26, 2005

SEEKING REVIEW: Immigration Law and Federal Court Jurisdiction Immigrants at the Intersection of Congressional, Administrative and Judicial Power

For more than ten years, Congress has been amending the Immigration and Nationality Act in its efforts to reduce the amount and quality of federal court review of immigration law. Despite these legislative changes, administrative streamlining and increased deportation enforcement has led to an exponential increase in the immigration law caseload. One study reports a 970% increase in the immigration related caseload during this past decade.

Most recently, Congress adopted the Real I.D. Act as part of an omnibus appropriation bill. This legislation purports to eliminate federal habeas corpus review in all immigration cases and transfers pending habeas petitions to the Courts of Appeals. Despite this new legislation and the past restrictions on immigration jurisdiction, litigation continues over the forum and content of judicial review.

This one-day conference brings together litigators, judicial administrators, and academics to discuss the contours of federal court jurisdiction. The program will include a panel of experienced litigators reflecting on the battles over jurisdiction during the past decade or more.Invited speakers include members of the judiciary and Congress. Academics will address such issues as the remaining content of habeas review, standards of review, the potential for judicial review of discretionary
decisions, other court stripping provisions in the Real I.D. Act and the perverse consequences of Congressional limits on judicial review.


9:00 a.m. - 9:30 a.m.
Registration and sign-in; continental breakfast available

9:30 a.m. - 9:50 a.m.
Welcome from Dean Matasar

10:00 a.m. - 10:30 a.m.
Perspective from the Second Circuit
John Palmer, Staff Attorney, Second Circuit Court of Appeals on "The
Nature and Causes of the Immigration Surge in the Federal Courts of Appeals"

10:30 a.m. - 12:15 p.m.
Immigration Law in the Federal Courts: Perspectives from Litigators
Moderator: Margaret Taylor, Wake Forest University
Speaker: Lucas Guttentag, ACLU Immigrant Rights Project
Speaker: David McConnell, Office of Immigration Litigation,
Department of Justice
Speaker: Peter Schey, Center for Human Rights and Constitutional Law

12:30 p.m. - 2:00 p.m.
Keynote Address and Luncheon
Chief Judge John Mercer Walker, Jr., United States Court of Appeals
for the Second Circuit

2:15 p.m. - 4:00 p.m.
Immigration Litigation after the Real I.D. Act of May 2005
Moderator: David Martin, Professor, University of Virginia
Speaker: Gerry Newman, Professor, Columbia University, Visiting
Professor, Harvard University
Speaker: Nancy Morawetz, Professor, New York University
Speaker: Lory Rosenberg, Founder-Director of IDEA-Immigration
Defense and Expert AssistanceC

4:15 p.m. - 5:30 p.m.
The Value of Judicial Review
Moderator: Pamela Goldberg, Independent Consultant and 2004-2005 New
York Law School Research Scholar
Speaker: Lenni Benson, Professor, New York Law School
Speaker: Dan Kanstroom, Professor, Boston College Law School
Speaker: Margaret Stock, Professor, United States Military Academy
Department of Law

5:30 p.m. - 7:00 p.m.
Cocktail Reception

All events will take place in the Stiefel Reading Room at New York Law School.


New York Law School has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This CLE program has been approved for newly admitted and experienced attorneys for a maximum of seven credits in Professional Practice and one credit in Ethics. Cost for non-New York Law School alumni seeking CLE credit is $200. For New York Law School alumni, or for individuals working for nonprofit or government institutions, a reduced rate of $150 applies. (Please call 212-431-2314 for applicability of reduced rate.) For individuals not seeking CLE credit, the attendance fee is $40. There is no fee for current New York Law School students or faculty. If you are seeking tuition assistance, please review the guidelines on the New York Law School website. For other questions concerning this conference, please email  To  register, please go to:

Lenni Benson
Professor of Law and Co-Director Justice Action Center
New York Law School

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