This guide provides attorneys with strategies and best practices for representing asylum seekers with in absentia removal orders. The guide was originally released in 2016 and updated in July 2019.
The Asylum Seeker Advocacy Project (ASAP) and Catholic Legal Immigration Network, Inc. (CLINIC) prepared the guide after representing dozens of families who received in absentia removal orders and successfully reopening their cases in the wake of increased enforcement by Immigration and Customs Enforcement (ICE).
Download the guide here:
A Guide to Assisting Asylum Seekers with In Absentia Removal Orders, 2019 Update (PDF)
Access samples here:
Sample 1: Motion to rescind and reopen based on no notice (PDF)
Sample 2: Motion to rescind and reopen based on exceptional circumstances (PDF)
Sample 3: Motion to rescind and reopen based on ineffective assistance of counsel (PDF)
Sample 4: Motion to rescind and reopen including equitable tolling arguments (PDF)
Sample 5: Motion to rescind and reopen for formerly separated families (request via CLINIC’s website)
Sample 6: Motion to reopen based on changed country conditions (PDF)
Sample 7: Motion to rescind and reopen and motion to change venue from the 2016 guide (PDF)