BENJAMIN CASPER CASPER & EVANS, P.A East Lake Street, Suite 206B Minneapolis, MN (651) benjamin@casperandevans.

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1 BENJAMIN CASPER CASPER & EVANS, P.A East Lake Street, Suite 206B Minneapolis, MN (651) Admitted to practice: EDUCATION Minnesota Supreme Court; U.S. District Court, Minnesota; U.S. Courts of Appeal for the Seventh, Eighth and Ninth Circuits; U.S. Supreme Court University of Minnesota Law School, Minneapolis, MN J.D., cum laude, 1997 Carleton College, Northfield, MN B.A., magna cum laude, Philosophy, 1990 PROFESSIONAL ACTIVITIES Immigrant Law Center of Minnesota, St. Paul, MN Director, Pro Bono Litigation Project, October present Founder and contract director of project pursuing impact litigation before Board of Immigration Appeals, U.S. Court of Appeals for the Eighth Circuit, and other federal courts. Provide direct appellate representation to ILCM clients; train, mentor and provide technical assistance to pro bono volunteer lawyers from area law firms. American Immigration Lawyers Association (AILA) Member, 1999 present Amicus Curiae Committee, Eighth Circuit representative, 2011 present Asylum Litigation Working Group, Founder and chair, present Frequent lecturer at AILA continuing legal education events. As appointee to amicus committee, help set AILA s national litigation priorities and prepare AILA amicus briefs to the Board of Immigration Appeals, circuit courts of appeal, and the U.S. Supreme Court. In 2012, established special Asylum Litigation Working Group to coordinate litigation strategy among key national asylum advocates including the United Nations High Commissioner for Refugees, the National Immigrant Justice Center, Harvard Law School, and the Center for Gender and Refugee Studies (Hastings College of Law). National Immigration Project of the National Lawyers Guild Member, present University of Minnesota Law School, Minneapolis, MN Supervising attorney, Adjunct Professor of Clinical Instruction, Instructed law students in asylum law and procedure. Supervised students in in the representation of asylum applicants before the Department of Homeland Security, Immigration Courts, the Board of Immigration Appeals, and U.S. Court of Appeals for the Eighth Circuit. In 2013, supervised first student from a Minnesota law school to present oral argument in immigration case before the Eighth Circuit Court in Goromou v. Holder, No /

2 Saint Thomas University School of Law, Minneapolis, MN Adjunct Clinical Professor of Law, Instructed law students in asylum law and federal appellate procedure. Supervised students in the representation of asylum applicants before the U.S. Court of Appeals for the Eighth Circuit, as well as amicus curiae the American Immigration Lawyers Association in an asylum appeal before the Fourth Circuit. William Mitchell College of Law, St. Paul, MN Adjunct Clinical Professor, 1999 Instructed and supervised law students representing clients in asylum cases and a variety of other immigration matters. Centro Legal, Inc., St. Paul, MN Attorney, June 1997 June 2000 Immigration attorney for non-profit community law office serving Spanishspeaking clients. Practice focus on deportation defense. Responsible for community education projects. Advised public defenders from across Minnesota regarding immigration consequences of criminal convictions for non-citizens. Asylum Law Project University of Minnesota Law School / Harlingen, TX Supervising Attorney, Trained first-year law students to provide pro-bono legal representation to detained asylum seekers. Supervised law students in south Texas representing clients in detained immigration court. Immigration Task Force of Minnesota St. Paul, Minnesota Steering Committee Member, Steering committee member / co-chair of state-wide coalition of religious, social service, and community advocates for immigrants rights. Legal Assistance to the Disadvantaged Committee Minnesota State Bar Association, Minneapolis, MN Member, Collaborated with law professors, state bar officials, legal services providers, and the Minnesota Justice Foundation to draft a model policy for student public service at Minnesota s law schools. AWARDS Immigrant Law Center of Minnesota 2007 Karen F. Ellingson Volunteer Legal Services Award For work on behalf of the clients of the Immigrant Law Center of Minnesota Minnesota Advocates for Human Rights 2001 Volunteer Award recipient, University of Minnesota Law School Immigration Clinic. For educating law students to provide high-quality legal representation to asylum seekers. 2

3 Centro Legal, Inc immigrant service award winner Minnesota State Bar Association, Legal Assistance to the Disadvantaged Committee 1997 Exceptional Service Award. For drafting the Minnesota State Bar Association s model policy for law student public service, and implementing the University of Minnesota Law School Public Service Program. LANGUAGES Fluent in Spanish RECENT PRESENTATIONS AND PUBLICATIONS 2013 American Immigration Lawyers Association Annual Conference, San Francisco, CA (June 2013) Author: Gang and Witness-based Asylum Claims (forthcoming) Particular Social Groups (with Deborah Anker, Harvard Refugee and Immigration Clinic, and Karen Musalo, UC Hastings College of Law) 2013 Minnesota State Bar Association Immigration Section CLE program, Minneapolis, MN Impact Immigration Litigation (with Bruce Nestor, DeLeon & Nestor, and Kate Evans) 2012 Immigrant Law Center of Minnesota CLE program, Minneapolis, MN Eighth Circuit and Supreme Court Immigration Litigation (with Kate Evans) 2012 American Immigration Lawyers Association Minnesota/Dakotas Chapter CLE program, St. Paul, MN Membership in a Particular Social Group (with Kate Evans) 2012 American Immigration Lawyers Association Annual Conference, Nashville, TN Author: Particular social group litigation in the wake of S-E-G American Immigration Lawyers Association / Advocates for Human Rights Upper Midwest Annual Conference, Minneapolis, MN Setting the Table for Appeal (with Holly Cooper, UC Davis School of Law) 2011 American Immigration Lawyers Association National Web-CLE program Temporary Protected Status and DED: What You Need to Know (with Edward Neufville and Linda Osberg-Braun) 3

4 2011 American Immigration Lawyers Association Southwest Annual Conference, Nashville, TN Presenter: Advanced Asylum 2011 American Immigration Lawyers Association Federal Court Litigation CLE, Atlanta, GA Jurisdictional Bars under INA 242 (with Mary Kenney, American Immigration Council, and Maria Baldini-Potermin) 2011 American Immigration Lawyers Association / The Advocates for Human Rights Upper Midwest Annual Conference, Minneapolis, MN Current Litigation Issues: BIA, Eighth Circuit, U.S. Supreme Court (with Maria Baldini-Potermin and Elizabeth Holmes) Shifting Definitions in Asylum Law (with Virgil Wiebe, St. Thomas University School of Law, and Emily Good, The Advocates for Human Rights) 2010 Immigrant Law Center of Minnesota Eighth Circuit Immigration Practice CLE, Federal Courthouse, St. Paul, MN Host / author: Eighth Circuit Immigration Practice Manual Participants: Judge Diana Murphy; Maureen Watz Gornik, Deputy-In-Charge 2010 American Immigration Lawyers Association Annual Conference, Washington, D.C. Panelist /lead author: The Evolution Convolution of Particular Social Group Law Panelist/ co-author: Living with S-E-G- (with Regina Germain, University of Denver Strum College of Law, and Ilana Greenstein) 2010 American Immigration Lawyers Association National Web-CLE program Gang-Based Asylum Applications (with Thomas Boerman) 2010 American Immigration Lawyers Association / Advocates for Human Rights Upper Midwest Annual Conference, Bloomington, MN Advanced Asylum Topics (with Virgil Wiebe and Sarah Solz Brenes, St. Thomas University School of Law) Litigation Updates: Stays of Removal (with David Leopold, AILA president, and Matthew Ralph, Dorsey & Whitney) 2009 Immigrant Law Center of Minnesota Eighth Circuit Immigration Practice CLE, Federal Courthouse, St. Paul, MN Host / author: Eighth Circuit Immigration Practice Manual Participants: Maureen Watz Gornik, Deputy-in-Charge; Sally Silk, Robins, Kaplan, Miller & Ciresi; Richard Evans, U.S. Dept. of Justice 4

5 2009 American Immigration Lawyers Association / Advocates for Human Rights Upper Midwest Annual Conference, Bloomington, MN Moderator/panelist: BIA and Federal Court Updates (discussion leader with current Board of Immigration Appeals member Anne Greer and former BIA member Lory Rosenberg) REPRESENTATIVE CASES Sandoval v. Holder, 641 F.3d 982 (8th Cir. 2011) On behalf of the Immigrant Law Center of Minnesota, and together with pro bono co-counsel from the law firm Robins, Kaplan, Miller & Ciresi, L.L.P., led challenge to the Board of Immigration Appeal s position that unaccompanied alien children are subject to life-time banishment from the United States under 8 U.S.C. 1182(a)(6)(C)(ii) if they make a false claim of U.S. citizenship. The Eighth Circuit granted the appeal and sent the case back to the BIA, instructing the agency to explain why the harshest immigration penalty applicable to adults would also apply to children. Subsequent negotiations led to new government policy prohibiting application of this statute to most children under 18. Salguero Fuentes, et al. v. Holder, 516 F.3d 399 (8 th Cir. 2009) On behalf of the Immigrant Law Center of Minnesota, led successful appeal by Salvadoran immigrants asserting their statutory right to apply for Temporary Protected Status (TPS) in immigration court. The Eighth Circuit remanded and ordered the BIA to expedite a decision reconsidering the statutory claim, which less than three weeks later forced the agency to publish a precedent, Matter of Lopez-Aldana, 25 I. & N. Dec. 49 (B.I.A. 2009), that fully vindicated Salguero Fuente s interpretation of the statute and now provides unrestricted immigration court review for all TPS applicants nationwide. Negusie v. Holder, 129 S. Ct (2009) Counsel of record for amicus curiae The Advocates For Human Rights. With pro bono co-counsel from the law firm Robins, Kaplan, Miller & Ciresi, L.L.P., authored amicus brief to the United States Supreme Court in support of an Ethiopian asylum applicant, urging the court to reject the BIA s restrictive interpretation of the asylum persecutor bar at 8 U.S.C. 1101(a)(42). Cuadra v. Gonzales, 417 F.3d 947 (8th Cir. 2005) Won appeal on behalf of a Salvadoran immigrant who the BIA had declared ineligible to apply for relief under the Nicaraguan and Cuban Adjustment and Central American Relief Act of 1998 (NACARA). The Eighth Circuit held the BIA violated the plain meaning of the controlling statute and regulations in a decision expanding eligibility to apply for humanitarian NACARA relief. Reyes-Vasquez v. Ashcroft, 395 F.3d 903 (8th Cir. 2005) Counsel of record in successful appeal challenging the government s narrow test for measuring continuous physical presence under the cancellation of removal statute 8 U.S.C. 1229b(b). Established more liberal eligibility standards for this form of humanitarian relief from deportation within the Eighth Circuit. Hernandez v. Reno, 258 F.3d 806 (8th Cir. 2001) Litigated challenge to the BIA s standard for determining whether an asylum applicant can be denied asylum relief as an individual who has assisted or otherwise participated in the persecution of any person under 8 U.S.C. 1101(a)(42). The Eighth Circuit remanded, agreeing that the BIA s strict liability rule failed to properly assess individual culpability for acts of persecution, as it did not consider the motives or voluntariness of Hernandez s conduct. 5

6 Holiday Inn Express litigation (2000) Lead immigration counsel for 8 undocumented Mexican immigrants arrested by INS immediately after organizing a union at the Minneapolis hotel where they were employed as housekeepers. After the hotel entered a landmark settlement with EEOC and paid the workers $72,000, negotiated an unprecedented settlement with INS granting 7 of the workers the right to remain in the United States with deferred action status and employment authorization in light of the government s interference with their unionizing activities. 6

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