Removal Proceedings

General

Sample Documents

Statutes

Cases

General:

 

ICE Memo from  John P. Torres and Marcy M. Foreman to Field Directors and Special Agents in Charge, dated 1/22/2007, with guidance regarding confidentiality and arrest following the passage of VAWA 2005.

BIA Decision granting motion to reopen/remand in a battered spouse case.

Evidence Collection and Practice Pointers for Proving Extreme Hardship By the National Immigration Project of the National Lawyers Guild

Chapter 10: Voluntary Departure  From the CLINIC Removal Manual, April 2003

Chapter 12:  Administrative Review of Removal Orders From the CLINIC Removal Manual, April 2003

Question & Answer panel with DHS officials With notes on practice and advocacy by Gail Pendleton; Panelists:  Laura Dawkins, Walter Laramie, George Murphy.  Moderator: Sally Kinoshita

Congressional Record re: Motions to Reopen October 11, 2000

National Network to End Violence Against Immigrant Women amicus brief in Sanchez v. Keisler: where the 7th Circuit ruled that VAWA permits the filing of a motion to reopen and the Board has the independent power to accept such a motion, whether or not an attorney mentioned this law before the Immigration Judge. (10/4/07).

 

Sample documents:

 

Motion to Reopen In Absentia Deportation Prepared by Sonia Parras Konrad

Appeal of Denied VAWA I-360 and Request for Reconsideration By Catherine Ward Seitz, Esq.

Motion and Memorandum to Suppress and Exclude Evidence and Terminate Proceedings Mary Schouvieller, FIAC

Motion to Reopen Proceedings and Stay Removal Prepared by Sonia Parras Konrad

Statutes:

VAWA Motions to Reopen Deportation/Removal VAWA 2000, as amended by VAWA 2005

DHS/INS Internal Memoranda:

Unaccompanied Minors Subject to Expedited Removal by Paul Virtue, 8-21-1997.

Prosecutorial Discretion regarding Notices To Appear (NTA) by William J. Howard, 10-24-05

 Motions to Reopen for Consideration of Adjustment of Status  by Bo Cooper, 5-17-01 

Motions to Reopen Policy REVISED by David A. Martin, Office of the General Counsel, 12-23-97

Administrative Closure of EOIR Proceedings for Non-Lawful Permanent Resident Aliens Eligible for Repapering  by Bo Cooper, 12-7-99

Cases:

Courts of Appeals

1st Circuit

1st Circuit affirms Massachusetts District Court ruling to dismiss action brought by undocumented workers seized in a raid of the Michael Bianco, Inc.  factory in New Bedford Massachusetts on March 6, 2007.  Aguilar v. ICE, Case #07-1819 (1st Cir., November 27, 2007.

 

2nd Circuit

2nd Circuit finds that the BIA cannot order an alien's removal in the first instance, absent an immigration judge ruling to that effect.  Rhodes-Bradford v. Keisler, Case #05-4134-ag (2nd Cir., Nov. 7, 2007).

 

2nd Circuit finds that, in a motion to reopen, BIA must provide a petitioner the opportunity to rebut the inferences drawn from facts of which it took administrative notice.  Chhetry v. U.S. Department of Justice, Case #06-3416-ag 2nd Cir., June 20, 2007.

3rd Circuit

The 3rd Circuit holds that the requirement that a complaint be filed under the Lozada formula for filing an appeal based on ineffective  assistance of counsel is not absolute.  Fadiga v. Attorney General, Case #05-4910 (3rd Cir., June 15, 2007).

5th Circuit

The 5th Circuit holds that application of IIRIRA's reinstatement of removal provision (8 USC 1229c(f))against an alien who reentered the US after being deported then married an LPR, and then obtained approval of an immigrant petition was not impermissibly retroactive.  Silva Rosa v. Gonzales, Case #05-60231 (5th Cir., June 25, 2007)

The 5th Circuit dismissed an indictment for illegal presence following deportation stating that it was barred by the statute of limitations because the defendant was indicted and charged more than 5 years after he was "found" to be in the U.S.  U.S. v. Gunera, Case No. 05-20544 (5th Cir., Feb. 13, 2007).

6th Circuit

The 6th Circuit holds that filing a petition with the circuit court does not toll the time limit for filing a Motion to Reconsider with the BIA.  Randhawa v. Gonzales, Case No. 05-3694 (6th Cir., Jan. 30, 2007).

9th Circuit:

9th Circuit finds that a U.S. citizen grandchild in the lawful custody of noncitizen grandparents does not meet the statutory definition of "qualifying relative" for purposes of Cancellation of Removal under INA §240A(b).  Moreno-Morante v. Gonzales, Case #05-75376 9th Cir., June 21, 2007.

 

9th Circuit holds that an alien with a previous removal order is not entitled to a hearing before an Immigration Judge prior to reinstatement of that removal order.  Morales-Izquierdo v. Gonzales,  Case No. 03-70674 (9th Cir., Feb. 6, 2007).

 

9th Circuit holds that res judicata bars the Secretary of Homeland Security (the Secretary) from initiating a second deportation case on the basis of a charge that he could have brought in the first case, when, due to a change of law that occurred during the course of the first case, he lost the first case.  Bravo-Pedrozo v. Gonzales, Case No. 03-73999 9th Cir., Feb. 6, 2007.

 

9th Circuit holds that equitable tolling is not available for an alien who delayed in filing a motion to reopen while awaiting a response from the government response to a request to join the motion.  Valeriano v. Gonzales, Case No. 03-74754 9th Cir., Jan. 23, 2007.

 

11th Circuit:

11th Circuit found that there is no derivative benefit to family members found in withholding of removal statute INA §241.  Delgado v. U.S. Atty. Gen. Case #05-16419 11th Cir., May 25, 2007.

 

Bureau of Immigration Appeals

BIA holds that (1) The Board of Immigration Appeals lacks authority to apply an “exceptional circumstances” or other general equitable exception to the penalty provisions for failure to depart within the time period afforded for voluntary departure under section 240B(d)(1) of the INA, 8 U.S.C.A. § 1229c(d)(1) and that (2) An alien has not voluntarily failed to depart the United States under section 240B(d)(1)of the Act when the alien, through no fault of his or her own, was unaware of the voluntary departure order or was physically unable to depart within the time granted.  Matter of Zmijewska, 24 I&N Dec. 86 (BIA Feb., 21, 2007). 

 

 

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