MARK A. PRADA

Partner

Mark Prada is a founding member of Prada Dominguez, PLLC. He primarily devotes his time to federal court litigation, including challenges against agency actions and policies of USCIS, habeas work against ICE, FOIA actions against federal agencies, challenges to agency action and policies of other federal agencies, and petitions for review of BIA decisions and other appellate work.

Mark began his legal career by representing victims of domestic violence and other crimes as part of a nonprofit organization, and eventually opened his own practice. He grew up in Miami and is the son of Colombian immigrants.

Contact Mark A. Prada

ADMISSIONS

Supreme Court of Florida
U.S. District Courts for:
- The Southern and Middle Districts of Florida
- The District of Columbia
- The District of New Mexico
The U.S. Courts of Appeals for the First, Second, Fifth, and Eleventh Circuits
The Supreme Court of the United States

EDUCATION

University of Miami School of Law, Juris Doctor
Florida International University, Bachelor of Science in Business Administration

PRECEDENT DECISIONS

Bastias v. U.S. Att’y Gen., 42 F.4th 1266 (11th Cir. 2022) (upholding BIA precedent treating child endangerment as a removable offense due to prior precedent, with concurrence questioning the validity of the prior precedent), cert. granted, judgment vacated sub nom., Bastias v. Garland, 603 U.S. ___ (July 2, 2024)
Leger v. U.S. Att’y Gen., 101 F.4th 1295 (11th Cir. 2024) (statutory rape convictions involving consensual acts between adolescents who are between 12 and 15 years old are not deportable aggravated felony offenses)
Farah v. U.S. Att’y Gen., 12 F.4th 1312 (11th Cir. 2021) (with respect to consolidated habeas appeal, holding that district court erred in dismissing claim of detainee benefiting from judicial stay of removal on grounds that the detainee “conspire[d] or act[ed] to prevent [his] removal”)
Camarena v. Dir., Immigration and Customs Enf’t, 988 F.3d 1268 (11th Cir. 2021) (interpreting 8 U.S.C. §1252(g) as barring review of both challenges to exercises of discretion and legal authority)
Ovalles v. Rosen, 984 F.3d 1120 (5th Cir. 2021) (following remand from Supreme Court, denying claim for equitable tolling for failure to demonstrate an exceptional circumstance—under intervening precedent—when agency never ruled upon the issue)
Hincapie-Zapata v. U.S. Att’y Gen., 977 F.3d 1197 (11th Cir. 2020) (interpreting statute to treat person, who had been extorted by a designated terrorist organization, as having provided material support to said organization)
Gayle v. Meade, 614 F.Supp.3d 1175 (S.D. Fla. 2020) (certifying class and granting preliminary injunction in part on behalf of immigrants challenging conditions of detention by ICE in South Florida during covid pandemic)
Point du Jour v. U.S. Att’y Gen., 960 F.3d 1348 (11th Cir. 2020) (treating substantial compliance with the three-prong test in Matter of Lozada as requiring compliance with all three prongs of the test, in conflict with other circuits that have adopted a substantial compliance standard)
Guerrero-Lasprilla v. Barr, 140 S.Ct. 1062 (2020) (treating mixed questions of law and fact as reviewable questions of law under 8 U.S.C. §1252(a)(2)(D))
Gomez v. Fuenmayor, 812 F.3d 1005 (11th Cir. 2016) (allowing imputation of harm against a parent as harm to a child under the Hague Convention on the Civil Aspects of International Child Abduction)

ARTICLES AND OTHER WRITINGS

“A Post-Jennings Framework for Non-Criminal Mandatory Detention,” Immigration Practice Pointers, Tips for Handling Complex Cases, American Immigration Lawyers Association (2024-25 Edition)
“Select Issues in Petitions for Review,” Immigration Practice Pointers, Tips for Handling Complex Cases, American Immigration Lawyers Association (2023-24 Edition)
“Practice Pointer: Can Agency Manuals Be Enforced,” American Immigration Lawyers Association, AILA Doc. No. 22062803 (June 28, 2022) (update to pre-existing work)
“Employment Without Authorization — ‘Cause I Don’t Need It,” Blog: Think Immigration, American Immigration Lawyers Association (Mar. 2021)
“The Current State of the DHS Public Charge Rule After Recent Court Decisions,” American Immigration Lawyers Association, AILA Doc. No. 20080731 (Aug. 2020)

SPEAKING ENGAGEMENTS

“Loper Bright Enterprises and the demise of federal court deference to the BIA and AAO: what it means for your actual client cases,” Catholic Legal Services 2024 Lazy Days of Summer (July 25, 2024)
“Representing Cubans in Removal Proceedings,” AILA Central Florida Virtual CLE (July 19, 2024)
“Parole and the Cuban Adjustment Act,” 2024 AILA Annual Conference and Webcast on Immigration Law (June 13, 2024)
“Well there’s parole, and then there’s parole, and by the way—how can I get a parole?,” Catholic Legal Services 2024 Spring Seminar (Apr. 12, 2024)
“Palacio de Correos: Gateway to Freedom: Litigation Updates on Cuban Adjustment Act Parole,” AILA Texas 2024 Spring Conference in Mexico City (Apr. 4, 2024)
“Litigate Your FOIA Requests: How to Sue the Government to Get Information You and Your Clients Need,” American Immigration Council Webinar (Mar. 14, 2024)
“FOIA/Asylum/Kazarian — Litigation Panel,” AILA South Florida Chapter CLE Luncheon (Mar. 13, 2024)
“Federal Litigation: Argument & Practice Trends from OIL,” 2024 Georgia Alabama AILA Chapter Annual Conference (Feb. 21, 2024)
“Cuban AOS,” AILA Dallas Chapter Virtual CLE (Feb. 1, 2024)
“Hail Marys and Other Long Shot Uses of the Political/Legal Process,” Immigrant’s List Civic Action Second Annual Immigration Policy and Advocacy WebCLE (Dec. 1, 2023)
“Motions to Reopen and BIA Appeals, the Basics, Tips and Tricks,” 2023 AILA Central Florida Chapter Conference (Oct. 19, 2023)
“Cuban Adjustment Act and Other Parole-Deriving Adjustment Options,” Iowa/Nebraska Chapter American Immigration Lawyers Association Fall CLE (Oct. 13, 2023)
“Categorical Approach: History Lesson and Techniques,” 2023 AILA Fall Conference & Webcast Categorical Approach Track (Sept. 29, 2023)
“Implications of Matter of Cabrera-Fernandez,” National Immigration Project Webinar (Sept. 20, 2023)
“Parole and PERM,” AILA South Florida Chapter CLE Luncheon (September 13, 2023)
“Overview of the Cuban Adjustment Act,” Webinar, Justice & Diversity Center of the Bar Association of San Francisco (Aug. 21, 2023)
“Filing a Petition for Review and Beyond: Battling in Circuit Courts,” AILA Annual Conference and Webcast on Immigration Law (June 24, 2023)
“Don’t Let it Go: Contesting NTAs,” AILA Annual Conference and Webcast on Immigration Law (June 22, 2023)
“Imperfect Fit/Qualifying Crimes,” ASISTA Immigration Assistance CLE Conference, U Visa Certifications: Strategies, Statutes, and Advocacy (June 21, 2023)
“Recent Developments in the Courts (crimmigration),” National Immigration Project’s 2023 Annual Pre-AILA Online Crimes & Immigration Seminar (June 14, 2023)
“Understanding INA §§ 235 and 236 and the Implications for Detention and Parole Issues,” AILA Federal Court Litigation Quarterly Call (June 2, 2023)
“Overview of Humanitarian Parole Program for Cubans, Haitians, Nicaraguans & Venezuelans,” Cuban American Bar Association Webinar (Mar. 15, 2023)
“SECOND EDITION: The 2nd Cuban Exodus - Parole Is Alive,” AILA Central Florida Chapter (Jan. 31, 2023)
“The Changing Face of Judicial Review: Not Just a Removal Concern,” 2023 AILA Midwinter Conference and Webcat (Jan. 20, 2023)
“Cuban Adjustment Act Lunch & Learn,” AILA San Diego Chapter (Dec. 7, 2022)
“Writing Matters: Structuring Appeals,” AILA South Florida CLE 101 Committee (Nov. 11, 2022)
“Crimmigration 501: Crimmigration Law Update,” Immigration Law Matters in Criminal Court Conference, Florida Bar Criminal Law Section (Oct. 14, 2022)
“Using PERMs and other EB Visas to Transition from Asylum, TPS, and other Humanitarian status to Permanent Residence,” AILA South Florida Business and Investment Committee (Oct. 13, 2022)
“About Last Term: A Conversation on the Immigration Impact of Major SCOTUS Decisions,” AILA University Video Roundtable Discussion (Aug. 12, 2022)
“Judicial Review after Patel v. Garland,” Catholic Legal Services Lazy Days of Summer CLE Series (July 22, 2022)
“TPS / Parole / Adjustment and Cubans: Where are We Today,” Catholic Legal Services Lazy Days of Summer CLE Series (July 22, 2022)
“The Cuban Adjustment Act: Overview of Relief and Common Issues,” American Bar Association Commission on Immigration (July 7, 2022)
“Adjustment of Status for Arriving Aliens, Cuban Adjustment Act, and Other Nationalities,” AILA Federal Court Litigation Section Webinar (April 8, 2022)
“Gayle v. Meade Roundtable Discussion,” AILA South Florida ERO Liaison Committee (Mar. 10, 2022)
“The 2nd Cuban Exodus: Paroling Cuban Entrants in the 2020’s,” AILA Central Florida Chapter (Oct. 26, 2021)
“Immediate Relief for Your Client Through a Temporary Restraining Order or Preliminary Injunction,” 2021 AILA Fall Conference and Webcast: Federal Court Litigation (Oct. 11, 2021)
“Advanced Habeas Litigation: Procedure and Substantive Underpinnings,” AILA South Florida Chapter Litigation Committee (Sept. 24, 2021)
“Updates on Law and Policy Affecting Cuban Clients,” Emerging from the Haze, A Lazy Days of Summer Catholic Legal Services CLE Series (June 25, 2021)
“Litigation: More Critical Now Than Ever Before for Business Immigration Practitioners,” AILA AC21 Virtual, Annual Conference on Immigration Law (June 11, 2021)
“Aggressive FOIA Practice with EOIR Update,” AILA South Florida Chapter New Member Division Committee (May 14, 2021)
“Advanced Naturalization: The N-400 Was Denied, What Now?,” 2021 AILA Virtual Midwinter Conference (Mar. 2, 2021)
“Federal Court Litigation: Challenging USCIS Denials of Employment-based Immigrant and Non-Immigrant Visa Petitions,” AILA South Florida Annual CLE Conference (Feb. 25, 2021)
“When and How to Seek Judicial Review Relating to your Asylum Case,” Catholic Charities Legal Services, Archdiocese of Miami, Inc. presents Practicing Asylum in the Twilight Zone: With God Everything is Possible (Dec. 2, 2020)
“Waivers, Business Immigrants and the IV Ban, and Hot Topics,” AILA South Florida CLE Luncheon (Sept. 16, 2020)
“Let’s Dance — Expert Roundtable: An Interactive Discussion with Business Immigration Lawyers” AILA South Florida 41st Annual Immigration Law Update (Feb. 28, 2020)
“Control — The Assertive FOIA Practice (and other ways to get to you’re your client),” AILA South Florida 41st Annual Immigration Law Update (Feb. 27, 2020)
“Vehicles for Specialized Immigration Litigation,” Immigration Litigation in Federal Court, Pincus Professional Education (Nov. 14, 2019)
“Review under the Administrative Procedure Act,” Immigration Litigation in Federal Court, Pincus Professional Education (Nov. 14, 2019)
“Federal Litigation of Employment-Based Petition Denials,” AILA South Florida Chapter Business and Investment Committed and Litigation & Collective Advocacy Committee (Sept. 27, 2019)
“Waka Waka Navigating Motions to Reopen, Pereira, Appeals, Stays with the Immigration Judge and BIA,” The Miami Music Tour, Catholic Legal Services Lazy Days of Summer CLE (Jul 19, 2019)
“Mechanics of Petitions for Review,” AILA South Florida Chapter Litigation & Collective Advocacy Committee (Jan. 17, 2019)
“Federal Court Review of USCIS Decisions,” AILA South Florida Chapter Litigation Committee (Oct. 19, 2018)
“Introduction to Federal District Court Litigation,” 2018 AILA Federal Court Conference and Webcast: Removal Litigation (Sept. 21, 2018)
“Basic District Court Practice,” AILA South Florida Chapter Litigation Committee (Sept. 13, 2018)
“Petitions for Review Mechanics — Part II,” AILA South Florida Chapter Litigation Committee (Jan. 19, 2018)
“Petitions for Review Mechanics,” AILA South Florida Chapter Litigation Committee (Dec. 15, 2017)
“Dealing with Difficult Issues in Immigration Court,” AILA South Florida Chapter CLE Luncheon (July 20, 2016)