Michael Vastine

Michael S. Vastine

Professor of Law &
Director, Immigration Clinic

Email: mvastine@stu.edu

Phone: 305.623.2340

Mail:

St. Thomas University School of Law
Faculty Suite (209)
16401 NW 37th Ave
Miami Gardens, FL 33054


Education:

B.M., Oberlin Conservatory of Music
M.M., Temple University
J.D., Georgetown University Law Center


Expertise:

Immigration Law

Michael S. Vastine

Professor Vastine joined the faculty of the St. Thomas University School of Law in 2004. His practice and research focus on immigration litigation, particularly regarding the deportation consequences of criminal convictions and the due process rights of immigrants.

Professor Vastine holds a B.M. from Oberlin Conservatory of Music, an M.M. from Temple University and a J.D. from Georgetown University Law Center.

He is a member of the Florida Bar Committee on Law Related Education and is co-chair of the Membership and Outreach Committee, American Association of Law Schools (AALS) Clinical Section. In 2011 and 2012, he was elected to the AILA South Florida Chapter Board of Directors. He presently is co-chair of the AILA South Florida Chapter Litigation Committee, is chair of the Law Student Division and serves on the DHS Chief Counsel Liaison Committee. Additionally, he served on the South Florida Chapter Ad Hoc Amicus Committee responsible for drafting AILA’s briefs in post-Padilla v. Kentucky litigation in the Florida appellate courts regarding the rights of immigrant criminal defendants to receive effective assistance of counsel. He also co-represents the lead case on the subject, Hernandez v. State, which he argued at the Florida Supreme Court in May 2012.

Professor Vastine is a frequent presenter at local, state, regional and national meetings and conferences of immigration practitioners and clinical legal educators. He has authored the following publications:

  • Emerging Issue Analysis: When, if ever, are non-remunerative drug transfers not aggravated felonies? A review and preview ofMoncrieffe v. Holder, LexisNexis, 2012 Emerging Issues 6441 (June 15, 2012)
  • Emerging Issue Analysis: Kawashima v. Holder, What Tax Crimes Can Get an Alien Deported?, LexisNexis, 2012 Emerging Issues 6273 (March 29, 2012).
  • All’s Well That Ends Well: A Discussion Of Defenses To Charges Of Removability Relating To Florida Drug Offenses, 2006 – Present, Bender’s Immigration Bulletin, 17-8 Bender’s Immigr. Bull. 1 (April 15, 2012)
  • Looking on darkness which the blind do see: An analysis of the Sixth Amendment rights of immigrants and the application of Padilla v. Kentucky in the Florida Courts, Bender’s Immigration Bulletin, 17 Bender’s Immigr. Bull. 356 (Mar. 15, 2012).
  • From Bristol, to Hollywood, to a Land Far, Far Away: Considering the Immigration Consequences of Statutory Rape, 7 Rutgers J.L. & Pub. Pol’y 289 (2010)
  • Good Things Come to Those Who Wait? Reconsidering Indeterminate and Indefinite Detention as Tools in U.S. Immigration Policy, 5 Intercultural Hum. Rts. L. Rev. 125 (2010)
  • Give me your tired, your poor… and your convicted? Teaching “Justice” to Law Students by Defending Criminal Immigrants in Removal Proceedings, University of Maryland Journal of Race, Religion, Gender and Class, 10 RRGC 341 (2010)
  • Is Your Client Prejudiced? Litigating Ineffective-Assistance-of-Counsel Claims in Immigration Matters Arising in the Eleventh Circuit,University of Miami Law Review, 62 U. Miami L. Rev. 1063 (2008)
  • Being Careful What You Wish For: Divisible Statutes – Identifying a Non-Deportable Solution to a Non-Citizen’s Criminal Problem, Campbell University Law Review, 29 Campbell L. Rev. 203 (2007)
Scholarship & Research

Articles:

  • Michael Vastine, From Bristol, to Hollywood, to a Land Far, Far Away: Considering the Immigration Consequences of Statutory Rape, 7 Rutgers J.L. & Pub. Pol’y 289 (2010). HeinOnline
  • Michael Vastine, Good Things Come to Those who Wait? Reconsidering Indeterminate and Indefinite Detention as Tools in U.S. Immigration Policy, 5 Intercultural Hum. Rts. L. Rev. 125 (2010). HeinOnline
  • Michael Vastine, Give me your tired, your poor… and your convicted? Teaching “Justice” to Law Students by Defending Criminal Immigrants in Removal Proceedings, 10 U. Md. L.J. Race Religion Gender & Class 341 (2010). HeinOnline
  • Michael Vastine, Is Your Client Prejudiced? Litigating Ineffective-Assistance-of-Counsel Claims in Immigration Matters Arising in the Eleventh Circuit, 62 U. Miami L. Rev. 1063 (2008). HeinOnline
  • Michael Vastine, Being Careful What You Wish For: Divisible Statutes – Identifying a Non-Deportable Solution to a Non-citizen’s Criminal Problem, 29 Campbell L. Rev. 203 (2007). HeinOnline

Additional Publications:

  • Michael Vastine, Comment, Emerging Issue Analysis: The Impact of Chaidez v. United States: The Past, Present, and Future Legacy of Padilla v. Kentucky, Lexis Nexis 6976 (April 2013).
  • Michael Vastine, Comment, Trying (and Failing) to find Logic in Chaidez, (Mar. 4, 2013) at http://www.crimmigration.com/.
  • Michael Vastine, Chess Game with Death: Chaidez and Retroactive Application of Padilla v. Kentucky, (Nov. 5, 2012) at http://www.crimmigration.com/.
  • Michael Vastine, Comment, Emerging Issue Analysis: When, if ever, are non-remunerative drug transfers not aggravated felonies? A review and preview of Moncrieffe v. Holder, Lexis Nexis 6441 (Jun. 15, 2012).
  • Michael Vastine, Comment, Emerging Issue Analysis: Kawashima v. Holder, What Tax Crimes Can Get an Alien Deported?, Lexis Nexis 6273 (Mar. 29, 2012).
  • Michael Vastine, Comment, All’s Well That Ends Well: A Discussion Of Defenses To Charges Of Removability Relating To Florida Drug Offenses, 2006 – Present, Bender’s Immigr. Bull. 1 (Apr. 15, 2012).
  • Michael Vastine, Comment, Looking on darkness which the blind do see: An analysis of the Sixth Amendment rights of immigrants and the application of Padilla v. Kentucky in the Florida Courts, Bender’s Immigr. Bull. 356 (Mar. 12, 2012).
Courses
  • Immigration Clinic
  • Immigration Law
News & Activities

STU Law News

Professor Vastine’s Service to Immigrants Honored by Catholic Legal Services
St. Thomas Law’s Immigration Clinic Director, Professor Michael Vastine has been recognized, along with the law school’s Immigration Clinic, by the Archdiocese of Miami and awarded the Mother Cabrini Medal for outstanding service to immigrants. The award is inspired by St. Francis Xavier Cabrini, herself an immigrant from Italy, who dedicated her life to serving newly-arrived immigrants. Her life embodied the notion that immigrants are not a problem to be solved, but people to be helped.

Activities and Presentations

Professor Vastine speaks on Think Immigration: SCOTUS Lineup
In the second segment of a special two-part Think Immigration blog post, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants, and Michael Vastine and Sui Chung, co-authors of AILA’s upcoming book Winning on Paper, report back on the U.S. Supreme Court oral arguments held Tuesday on Jennings v. Rodriguez, an important case for immigration lawyers relating to prolonged detention.
Professor Michael Vastine recently presented his articles at the following events:

  • Catholic Legal Services Summer CLE Series in Miami
  • Federal Court: Building the Record for Circuit Appeals, Suing for Return of Your Client and Release from Prolonged Detention After Six Months
  • Beating the Charges, Filing Motions To Terminate, and Recent Developments in the Categorical Approach
  • 2015 Annual Conference of American Immigration Lawyers Association (AILA), Washington, D.C.
  • The Building Blocks for Successful Agency and Federal Court Appeals.
  • 2015 American Immigration Lawyers Association Annual Conference (AILA Law Student Division Panel Session) Washington, D.C.
  • Maximizing Opportunities: Charting a Career in Immigration Practice
  • 2015 AILA National Fundamentals of Immigration Law Conference, Miami Beach, Florida.
  • Asylum and Related Claims for Relief