Dorothy Harbeck

Adjunct Professor of Law

Dorothy Harbeck

Dorothy
Harbeck
Adjunct Professor of Law

Judge Harbeck is an Immigration Judge for the U. S. Department of Justice, Executive Office for Immigration Review (USDOJ-EOIR). She is the Eastern Region Vice President of the National Association of Immigration Judges (NAIJ) which is a component of the International Federation of Professional & Technical Engineers (Judicial 2) Union (IFPTE-AFL-CIO). She is teaching in her personal and union capacity. Her views do not necessarily represent the official position of the United States Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent her personal opinions, which were formed after extensive consultation with the membership of the NAIJ.

She was appointed to the Elizabeth, NJ Immigration Court in 2006. She received a Bachelor of Arts degree, cum laude, from Wellesley College, with honors in English and a special studies certificate with honors from the Universite’ Catholique De L’Ouest in Angers, France. She earned her Juris Doctor from Seton Hall University School of Law, where she was awarded the ASCAP/Nathan Burkan Prize for a meritorious paper on the use of demonstrative evidence in musical copyright infringement cases. She completed The Worker Institute--Labor Leadership Skills Certificate Program at Cornell University, Industrial and Labor Relations (ILR School) in 2017. She also received a certificate in trial advocacy skills from the National Institute of Trial Advocacy (NITA) at the University of North Carolina, Chapel Hill.

In addition to teaching at CLS, where she has designed a trial skills program focusing on direct examinations, she is an adjunct professor at both Rutgers University School of Law where she teaches Immigration Law and at Seton Hall University School of Law where she teaches in the trial skills department. She also teaches deposition skills for NITA. Judge Harbeck’s particular research interests include citizenship and identity, as well as the presentation of evidence in trial court. She has been a faculty member at the Madeleine Korbel Albright Institute for Global Affairs at Wellesley College, where she has taught on the history of citizenship. She has also been a faculty member at the U.S. Department of State—Seven Sisters College Consortium on Women in Public Service Program (WPSP) Institute. She has been a faculty member of the New Jersey Judicial College on immigration law in 2008, 2011, 2016 and 2017. She has published several law journal and legal periodical articles, listed below.

Judge Harbeck is actively involved with the National Association of Immigration Judges (NAIJ). In her capacity as the NAIJ Eastern Region Vice President, she initiated a trial skills project at area law schools-- a series of volunteer lectures at law school clinics focusing on the importance of clear direct and cross examination skills. She cites Thomas Jefferson’s reason for writing the Declaration of Independence as the rationale for effective direct testimony—“to put before all mankind the commonsense of the matter in terms so plain and firm as to command their assent.”

Judge Harbeck has been an author and lecturer for NJICLE. She was a panelist comparing U.S. asylum procedures with Italian asylum procedures at the 2013 NJSBA Mid-Year Conference in Rome, Italy, a panelist on Human Trafficking at the 2014 NJSBA Mid-Year Conference in Paris, France and a panelist on Effective Trial Skills at the 2016 NJSBA Mid-Year Conference in Amsterdam, Netherlands. Further, she has been a technical advisor and editor for the UNHCR--The UN Refugee Agency—2017 Legal Representation Manual for Stateless Persons in the United States.

She is a member of the executive board of the Federal Bar Association – Immigration Law Section and was recognized by two separate FBA components for her efforts in education and legal scholarship. She was awarded the FBA-ILS 2014 Award for Excellence in Continuing Legal Education and Legal Scholarship (11th Annual Conference in Memphis, May 16, 2014) and also the Federal Bar Association – NJ Chapter William Strasser Award for Outstanding Achievement in Continuing Legal Education (33rd Annual Conference in Newark, May 21, 2014). For her CLE and publication efforts, she was appointed as a Fellow of the Federal Bar Foundation in 2014.

Prior to her appointment to the bench, Judge Harbeck was a litigation attorney in private practice. She has tried civil jury cases and New Jersey Department of Labor cases. She has argued in trial and appellate courts at both the state and federal levels including the Third Circuit Court of Appeals and the U.S. Supreme Court. She is a former Assistant Warren County Counsel and former alternate municipal prosecutor for Atco Township, Camden County. She is a master at the Haydn Proctor Inn of Court (Monmouth County, NJ), where she was initially a pupil in its inaugural class approximately 25 years ago. Judge Harbeck is a member of the N.J. and N.Y. state bars.

Publications

PEER REVIEW PUBLICATIONS:

“Objections in Immigration Court: Dost Thou Protest Too Much or Too Little?” Stetson Journal of Advocacy and the Law, (expected publication Winter/Spring 2018) (cite as 5 Stetson J. Advoc. & L. 1 (2018).

“Does the New Jersey Bail Reform Affect the Immigration Court Bond Hearings?” Rutgers Law Record, Winter 2017 (cite as 44 Rutgers L. Rec. 106) (March, 2017).

“Emerging from the Jungle: New Jersey Workers Compensation and Workers without Lawful Immigration Status,” Seton Hall Legislative Journal, Spring 2013 (cite as 37 Seton Hall Legis. J. 262).

Contributing Author: “A View Through the Looking Glass: How Crimes Appear from the Immigration Court Perspective,” Fordham Urban Law Journal, Fall 2011 (cite as 39 Fordham Urb. L.J. 91).

How Padilla v. Kentucky Impacts the Immigration Courts,” St. John’s University Journal of International and Comparative Law, Spring 2011 (cite as 1 St. John’s J. Int’l. & Comp. L. 48).

"Asking and Telling: Identity and Persecution in Sexual Orientation Asylum Claims – Immutable Characteristics and Concepts of Persecution Under U.S. Asylum Law," Georgetown Immigration Law Journal, Fall 2010 (cite as 25 Geo. Immgr. L.J. 117). Listed as a reference in the commentary to 8 C.F.R. § 1208.13 Establishing asylum eligibility and also listed as a reference in the commentary to 8 C.F.R. § 208.12 Reliance on information compiled by other sources.

"Is The Internet 'Voodoo?': Evidentiary Weight of Internet-Based Material in Immigration Court," Connecticut Public Interest Law Journal, Fall-Winter 2010 (cite as 10 Conn. Pub. Int. L.J. 139) and listed in the Forty-Second Selected Bibliography on Computers, Technology and the Law, Rutgers Computer and Technology Law Journal, 2011 (cite as 37 Rutgers Computer & Tech.L.J. 313). Listed as a reference in the commentary to 8 C.F.R. § 1240.7 Evidence in removal proceedings under section 240 of the Act. Secondary Author: “Expert Witnesses in Immigration Proceedings,” Immigration Law Advisor, May 2010 (Vol.4, No.5).

“Asking and Telling: Identity and Persecution in Sexual Orientation Asylum Claims,” Immigration Law Advisor, September 2008 (Vol.2, No.9).

LEGAL PERIODICAL PUBLICATIONS:

“In Borrowed Robes: A Day in the Life of an Immigration Judge,” The Judges Journal/ ABA (July, 2017).

“The Commonsense of Direct and Cross Examinations in Immigration Court,” New Jersey Lawyer Magazine (Immigration Issue), Feb. 2017.

“In Terms so Plain and Firm as to Command Assent: Preparing and Conducting Optimal Direct Examination of the Respondent,” The Federal Lawyer, Jan/Feb 2017.

Secondary author: “A View from the Bench by the National Association of Immigration Judges,” The Federal Lawyer, Oct 2016.

“Antigone, Identity, Assimilation and the Salad Bowl,” The Federal Lawyer, Sept/Oct 2014.

“The Vanishing Visibility: How the Third Circuit has Changed Requirements for Particular Social Groups In Asylum Claims, The Federal Lawyer, March, 2012, primary author.

LEGAL TEXTBOOK CHAPTER: Bond Hearings in a Nutshell in Prison Law 2015 (Practicing Law Institute, NYC 2015) https://www.pli.edu/Content/.../Prison_ Law_2015/_/N-4kZ1z11yzv

Courses
S. Trial Skills: Immigration