| The Critical Impact Of Avena On Criminal And Immigration Cases
Rights and Remedies Under the Vienna Convention on Consular Relations
Co-sponsored with the AILA New England Chapter and the International Law Concentration
Please Note: This course has already
been held.
Date: Thursday, November 18, 2004
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM
Faculty
Schedule/Agenda
Registration Information
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Any immigrant or non-immigrant held in custody and any foreign criminal defendant has rights under the Vienna Convention on Consular Relations (VCCR). In Avena, the International Court of Justice ruled that there must be judicial review and reconsideration of all cases where detainees were not given their rights. Attend this program and learn how you can use the VCCR to protect your immigration clients or criminal defendants to seek remedies for the government’s failure to comply with the treaty.
The VCCR requires all state parties to inform foreign detainees, both criminal and civil, that they may contact their own consular officers and consular officials must also be informed that state or federal officers are holding the foreign national. The treaty specifically grants the consul the right to visit, to converse with and to arrange for legal representation for the foreigner in custody.
Unfortunately, the U.S. has seldom complied with these treaty obligations and Paraguay, Germany and Mexico have all brought suits against the U.S. in the International Court of Justice (ICJ) based on the U.S. failure to provide their nationals with rights under the VCCR. In the latest of these cases, Avena, decided on March 31, 2004, the ICJ stated that the “procedural default” rule cannot be used to prevent the detainee from raising the treaty issues and consideration must be given to the question of whether the detainee was prejudiced because of failure to observe the treaty. Federal and state courts and enforcement officials are now grappling with the dimensions of implementing this ruling.
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Brownlow M. Speer
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Is Chief Appellate Attorney, Committee for Public Counsel Services; J.D., Harvard Law School 1970. Mr. Speer has been the chief of the Massachusetts public defender appeals unit since 1979. He is the author of “Contract Rights and the Planned Economy: Peaceful Coexistence Under the 1969 Soviet Statutes on Deliveries of Goods”, 3 Law and Policy in International Business 510 (1971); and (with Frank R. Herrmann) “Facing the Accuser:Ancient and Medieval Precursors of the Confrontation Clause”, 34 Virginia Journal of International Law 481 (1994). He is a member of the editorial board of the Massachusetts Law Review and a co-author of the 2001 Cumulative Supplement to Blumenson et al., Mass. Criminal Practice. |
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Valerie Epps
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Is Professor of Law and Director of the International Law Concentration at Suffolk U. Law School and a graduate of BU Law School and Harvard Law School. She is the author of the widely used text book, International Law, now in its third edition. Prof. Epps recently authored Violations of the Vienna Convention on Consular Relations:Time for Remedies; 11 Willamette J. Int’l. L. & Disp. Resol. 1( 2004 ). She has just completed a year as Chair of the International Law Section of AALS and is currently Vice President of the International Law Association. |
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Pamela L. Hunt
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Is senior counsel for criminal justice matters in the
Massachusetts Attorney General's office. She authored the amicus brief filed by the Attorney General's Office in the Diemer case. She is a graduate of Mills College, holds a master's degree from the University of Denver, and received her J.D.magna cum laude from Suffolk U. Law School where she was the first woman editor-in-chief of the law review. Ms. Hunt is a member of the Massachusetts Sentencing Commission, the SJC's Standing Advisory Committee on the Rules of Criminal Procedure, and the Appellate Bench-Bar committee. She is presently the Chair of the Criminal Law Section of the BBA.
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Lory Diana Rosenberg
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Is the founder of IDEA Legal Consultations (c), and the former director of the Defending Immigrants Partnership at the National Legal Aid & Defender Association. She is a featured columnist for Bender’s Immigration Bulletin and an adjunct professor at American University Washington College of Law. Ms. Rosenberg served as an appellate immigration judge on the United States Board of Immigration Appeals. She is the co-author of the treatise Immigration Law and Crimes, and writes, teaches and trains on immigration consequences of crime, right to counsel, fair hearings and removal defense,waivers, credibility issues, and other aspects of asylum and refugee law. She was elected in 2004 as a director on the AILA Board of Governors. She received her law degree from Northeastern University School of Law. |
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John B. Quigley, Jr.
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Is President's Club Professor in Law at the Ohio State University in Columbus, Ohio. He is a graduate of Harvard College and Harvard Law School. He also holds a master's degree in international relations from Harvard University. He was an exchange scholar at Moscow State University. A specialist in international law, he has written extensively on consular relations and has authored briefs on the topic in US and international courts. |
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~INTERNATIONAL LAW CONCENTRATION~ Suffolk U. Law School established the International Law Concentration in August 2003 to recognize and build upon the trend toward international commerce and global human relations. Suffolk now offers a wide array of international courses, ranging from public international law, to international finance, and comparative legal cultures. These offerings stress the impact of multiple legal systems on transactions and resolution of disputes, and the role of the lawyer in the world economy to enable lawyers to deal efficiently with these complex issues which they may face in practice.
| S C H E D U L E / A G E N D A |
| 4:00 |
Welcome & Introductions |
Professor Valerie Epps, Director of the International Law Concentration
Suffolk University Law School, Boston, MA
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| 4:10 |
The Implication of the Vienna Convention on Consular Relations |
- Extent to which the International Court of Justice (ICJ) can control what happens in U.S. courts
- The integration of international law into US law
- ICJ Requirements for Reconsideration and the Standards for Reversal
Professor Valerie Epps, Suffolk University Law School and
Professor John Quigley, Ohio State University Michael E. Moritz College of Law
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| 5:35 |
What Are Your Client's Rights under the Vienna Convention on Consular Relations (VCCR)? |
| How do you implement them? What are law enforcement agencies doing to implement Avena? What is the Procedural Default Rule and how does it work? Integration into U.S. immigration law and enforcement of immigration detainees’ regulatory rights to notice and access. Practical issues arising from Avena and future strategies
Pamela Hunt, Esq., Massachusetts Attorney General’s Office; Lory Diana Rosenberg, Esq., Adjunct Professor, American University Washington College of Law;
Brownlow Speer, Esq., Committee for Public Counsel Services, Boston
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| Date: |
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Thursday, November 18, 2004 |
| Tuition: |
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Tuition is $159; $129 for attorneys admitted to the Bar after 2001 and members of AILA. Course book and refreshments included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME.
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Special
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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