This guide provides attorneys with strategies and best practices for representing asylum seekers with in absentia removal orders, including extensive templates for motions to reopen and other filings. It was co-authored by the Asylum Seeker Advocacy Project (ASAP) and Catholic Legal Immigration Network, Inc. (CLINIC).
Update: On June 21, 2018, the Supreme Court issued a decision in Pereira v. Sessions, 585 U.S._, 138 S. Ct. 2105 (2018), holding that a putative Notice to Appear that does not specify the time and place of removal proceedings is not a valid Notice to Appear under INA § 239(a)(1). Advocates representing clients with in absentia removal orders should review the Notice to Appear; and, if it does not include a specific date or time as required by Pereira, argue for reopening based on lack of notice and/or reopening and termination based on lack of jurisdiction. Please see this Practice Advisory with Sample Motions from the National Immigration Project and this Practice Advisory from CLINIC and the American Immigration Council.