eoir practice manual motion to withdraw
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eoir practice manual motion to withdrawThis might be a Motion for a Continuance if you need to request a later hearing date; a Motion for Telephonic Appearance or Telephonic Testimony; or a Motion to Accept Late-Filed Evidence. As always, make sure to consult the Immigration Court Practice Manual for detailed instructions on formatting and submission of motions. A sample motion to withdraw as counsel for a client who was released from detention while his removal case was pending.A motion requesting that an individual hearing be converted to a master calendar hearing, to give the asylum seeker and attorney more time to prepare the case.A sample motion to request that the filing deadline for supporting documents be extended.A motion to permit telephonic appearance of an expert in a detained asylum case.As always, make sure to consult the Immigration Court Practice Manual for formatting and procedural requirements for motions. If your client is released from detention while her or his case is pending, he or she will need to file a motion to change venue to the immigration court with jurisdiction over her or his new residence. If you are a volunteer attorney working on a case with the Immigration Justice Campaign, find out how to get individualized help with your case. To learn more, please go to scam.immigrationcouncil.org. This includes government actions and resources, AILA's policy recommendations, and materials and talking points to engage with Congress and the press. For practice resources, see AILA’s COVID-19 Resource Center. Housed within the DOJ, the Executive Office for Immigration Review (EOIR) is vulnerable to executive branch interference, a structural flaw which the current administration has exploited and which undermines the very integrity of the system. These problems are compounded by a growing case backlog that has surpassed 1 million cases.http://anesaportugal.org/upload/dk-93-manual-snap-press.xml
While oversight would slow the most recent policies, it would not remedy the conflict of interest inherent in an immigration court system that is firmly under the control of the Attorney General. AILA urges Congress to introduce bipartisan legislation that establishes an independent immigration court system, outside the DOJ, under Article I of the Constitution. Download the Audio File (MP3) Download the Audio File (MP3) Download the Audio File (MP3) Download the Audio File (MP3) This plan was obtained via FOIA by AILA and the American Immigration Council. Download the Audio File (MP3) Can't see the audio player. Download the Audio File (MP3) Can't see the audio player. Download the Audio File (MP3) The lawsuit contests the perpetuation of immigration court jurisdictions where asylum is effectively impossible to win, the creation of a backlog of more than a million immigration cases, the implementation of enforcement-oriented performance metrics for immigration judges, and the implementation of a rapid-removal family docketing directive. On July 31, 2020, the judge denied the government’s motion to dismiss, allowing the case to go forward. For more information, see Las Americas v. Trump. Nor do I agree that the numbers produced by EOIR are accurate within the designated metric categories.”” Read AILA’s Statement on Strengthening and Reforming America's Immigration Court System Hearing, as well as the prepared statements of Hilarie Bass, President of the American Bar Association; Ashley Tabaddor, NAIJ President; James McHenry, EOIR Director; and GAO Testimony for the Subcommittee on Border and Immigration.Join your colleagues by signing onto this letter to Congress. Visit uscis.gov for the official USCIS site.Federal government websites often end in.gov or.mil. Before sharing sensitive information, make sure you’re on a federal government site.https://centurionrlty.com/uploads/dk-6002-manual.xml Citing to an authority that is not relevant to the issues raised on motion will not meet the eligibility requirements of a motion to reconsider.The AAO will consider each motion independently. The AAO may grant both motions, grant one motion but deny the other, or deny both motions.When the AAO rejects an appeal, the appeal does not retain a filing date and there is no merits-based decision for the AAO to review. For more information about rejections of appeals, see Chapter 3.14(d).Any motions mailed to the AAO will be returned, will not be considered filed, and will not retain a filing date.Filing fees are listed at the USCIS Forms webpage and at the What is the Filing Fee.For more information on expedite requests, see Chapter 6.3.However, the AAO may grant a written request for oral argument where a case involves an issue of particular significance and the AAO determines that it would benefit from supplemental argument.For more information about RFEs and NOIDs, see Chapter 3.13.The procedure for withdrawing a motion is the same as the procedure for withdrawing an appeal. See Chapter 3.12 for more information about withdrawals. The new Manual sets forth new burdens and rules. This article will discuss some of the new requirements.There are 13 chapters, with pages numbered 1-150. An Appendix, about 62 pages long, has pages A-1 through Q-2. There is a ten-page Glossary, followed by a Word Index and a Citation Index. Rule 2.3, entitled Attorneys, begins on page 18. Rule 2.3(i) is entitled Change in representation, and begins on page 22. At page 23 is Rule 2.3 (i)(ii), entitled Withdrawal of counsel. If the attorney wishes to withdraw as counsel, his motion should contain, among other things:What if the alien does not consent to the withdrawal. An alien might be silent or irritated after the attorney writes a letter to him, seeking his consent.http://schlammatlas.de/en/node/22970 Another alien might expressly refuse to consent, and might demand that the attorney continue the representation for the rest of the attorney's life. What should the attorney state in his motion to withdraw? Rule 2.3 (i)(ii) also states, at page 23: Assume the attorney is in New York, and the alien is arrested in New York, but is then shipped to Oakdale, LA, and the case is set for a Master Hearing in ten days. The court grants the motion to continue, but denies the motion to change venue. A second Master Hearing is set 30 days in the future. Ten days go by; twenty days go by; no ruling by the court. The New York attorney must attend the hearing in Oakdale, because the court has not ruled upon the motion. That would be very expensive and unfair to the attorney. The rule should be amended to release the attorney from this undue burden. Rule 3.1(b), entitled Timing of submissions, begins at page 32. On page 33, is Rule 3.1(b)(ii), entitled Individual calendar hearings. This rule was amended on June 20, 2008. The old rule required filings 30 days in advance. This means the attorney may, at a Master hearing, for example, request the court to set a mere ten-day deadline for that particular case. It states: The attorney might mail a package 34 days in advance of the hearing, hoping it will be received by the court by day 30. It might be received, but be rejected and mailed back to the attorney, who receives his package perhaps 27 days before the hearing. If the evidence is not admitted, perhaps the attorney has committed malpractice. A filing can be rejected for many different reasons, found in numerous rules: Most DHS Office of Chief Counsel offices have thousands of cases, and are short-staffed. If that ACC can be found, he may not be able to find, read, and develop a position on the motion. The Offices of Chief Counsel are going to become quickly irritated if they must deal with private attorneys trying to comply with this rule.https://www.acnovate.com/images/compaq-presario-7476-manual.pdf Appendix M is entitled Sample Oral Pleading. The attorney who fails to do this may later be reminded of what the attorney himself stated as part of the oral pleading, and be criticized, sanctioned, or sued. Appendix O is entitled Sample Criminal History Chart. Does the DHS have the burden to submit the chart. Or, are there some circumstances where the alien has this burden. The author listened carefully to the discussion on this subject during the June 5, 2008 AILA seminar. The panelists did not give clear answers; the author, for one, was confused. This rule needs to be re-written. The manual, over 200 pages long, is full of new rules. The judges and clerks have studied it, and have announced their intent to enforce the myriad rules contained therein. Assistant Chief Counsels will soon point out rule violations, as well. These three parties will team up against the alien's attorney. Attorneys who violate rules may be subject to malpractice claims. Please try again.Please try again.Please try again. The Executive Office for Immigration Review (EOIR) is charged with administering the Immigration Courts nationwide. The Attorney General has directed the Director of EOIR, in consultation with the Immigration Judges, to issue an Immigration Court Practice Manual. (b) Purpose. This manual is provided for the information and convenience of the general public and for parties that appear before the Immigration Courts. The manual describes procedures, requirements, and recommendations for practice before the Immigration Courts. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case. (c) Disclaimer. This manual is not intended, nor should it be construed in any way, as legal advice. The manual does not extend or limit the jurisdiction of the Immigration Courts as established by law and regulation. Nothing in this manual shall limit the discretion of Immigration Judges to act in accordance with law and regulation. (d) Revisions. The Office of the Chief Immigration Judge reserves the right to amend, suspend, or revoke the text of this manual at any time at its discretion. For information on how to obtain the most current version of this manual, see Chapter 13.3 (Updates to the Practice Manual). For information on how to provide comments regarding this manual, see Chapter 13.4 (Public Input). CONTENTS: Introduction TOC - Detailed Table of Contents Chapter 1 - The Immigration Court Chapter 2 - Appearances before the Immigration Court Chapter 3 - Filing with the Immigration Court Chapter 4 - Hearings before Immigration Judges Chapter 5 - Motions before the Immigration Court Chapter 6 - Appeals of Immigration Judge Decisions Chapter 7 - Other Proceedings before Immigration Judges Chapter 8 - Stays Chapter 9 - Detention and Bond Chapter 10 - Discipline of Practitioners Chapter 11 - Forms Chapter 12 - Freedom of Information Act (FOIA) Chapter 13 - Other Information Appendices Glossary Word Index Citation Index Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Register a free business account To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzes reviews to verify trustworthiness. Please try again later. Louise M. 3.0 out of 5 stars The Justice Department offers it for free on the EOIR website if you just need something at work.An electronic version just isn't the same as having a book right at hand. I find that I don't get frustrated now that I have a book version to refer to instead of relying on my computer.Have at your fingertips for quick reference. Great and recommend this for the practitioner. If the doctor has knowledge about the applicant’s country and can testify as to unavailability of similar HIV treatment options there, they should also be prepared to testify about this. If your client does not have any other way to corroborate the fact that they are LGBTQ-identified, having a therapist who the applicant sees regularly testify that he believes that the applicant really is LGBTQ-identified based on their therapy sessions can be very helpful. Such testimony can be particularly important if the applicant has a challenging issue in their case, such as a prior opposite-sex marriage, which may cause the IJ to question the veracity of the applicant’s sexual orientation or gender identity. The attorney must submit a motion before the call-up date requesting that the IJ allow telephonic testimony. The motion can be short but should explain why telephonic testimony is necessary (e.g., if the expert resides in Florida for a Pennsylvania case, and the respondent is indigent). On the one hand, this is logical. The IJ does not have the expertise to determine whether or not a foreign government record is authentic, particularly when the record is in a foreign language and may come from a very different culture. The problem, however, is that the regulations place a burden on the asylum applicant who has fled their country of origin to have their documents authenticated by the very government from which they have fled. In practice, this means contacting a family member or friend in the country of origin who is willing to go through several steps of authentication with local government officials leading up to an authentication stamp by the U.S. embassy. Some IJs will allow unauthenticated documents into evidence, and others will not. In any event, it is important for the applicant to try to follow the authentication steps and document the efforts he made to do so if authentication is not possible. 2 Also, always make 100 certain with your client that all documents they are submitting are genuine. In many countries it is easy to buy “official” documents, and your client may not understand how seriously DHS will take the submission of fraudulent documents. Sometimes the ICE attorney will send an official document to forensics to be tested for authenticity. This can include sending the document to the U.S. consulate in the applicant’s home country and making inquiries (e.g., as to whether the police officer who signed the arrest record actually works in the station that issued the form). If your client submits any foreign documents, it is imperative that you make them understand that they must be 100 sure that the documents are real, and they should check with their friend or family member who obtained them to be sure. The brief should not be overly long (probably no longer than 20 pages), and it should focus on the particular facts of the case as well as any challenging issues, or particular legal issues in the case. You should not spend an inordinate amount of time researching and writing the general standard for asylum, and can probably obtain a sample brief with boilerplate language for the introductory section from the organization that referred the case to you. Use bold headings to make it as easy as possible for the reader to find the relevant sections, and clearly cite to the materials you’ve submitted. If your client has missed the one-year filing deadline, lay out a clear argument for which exception they are claiming and how their facts fit that exception. The act of writing the brief will also be very helpful to the attorney in becoming fully familiar with all submitted materials and with crafting arguments to address legal issues in the case. This conversation may be helpful in determining what the ICE attorney sees as the weakness(es) in your case. Note that the ICE attorney who appeared at the MCH will probably not be the attorney for the IH. Cases scheduled for IHs are assigned to ICE attorneys ten days in advance. If the case is adjourned after an IH has commenced, the ICE attorney should not change. Since ICE attorneys are generally not assigned to the case until ten days before the IH, if there are issues to address before then, it may be difficult to find an attorney who will return a phone call or review the file. If there is a serious concern which must be addressed, it’s a good idea to put it in writing and send a copy to the immigration court, after leaving a couple of unanswered phone messages. Such situations are unlikely, because the ICE attorney will be principally concerned with the issue of credibility and probably will not stipulate to anything until they have observed the client’s testimony and conducted some cross-examination. However, in such cases, it may be useful to ask the ICE attorney at the close of the IH if they will stipulate to eligibility and not oppose asylum or, failing that, if they will waive appeal if the respondent wins, thus ending the case immediately. If at all possible, you should try to watch a case that’s before the same IJ who will be hearing your case so that you get a feel for the IJ’s style. Removal proceedings are generally open to the public, though a respondent can request that asylum hearings can be closed. If you want to watch an asylum hearing, the organization which referred your case to you, or other local non-profits, can probably match you with an upcoming hearing to observe. The request for the adjournment must be made in writing and should be made as soon as possible after the need for the adjournment arises. Often you won’t receive a response to the adjournment request until a day or two before the scheduled hearing, so it’s safest to continue to prepare as if the adjournment will not be granted (although this may negate the purpose of the adjournment request). Therefore, preparing the applicant fully for the hearing is crucial to the outcome of the case. You should try to speak with practitioners in this area to learn as much as possible about the IJ’s style before the hearing. Some IJs are very controlling and will take over much of the questioning themselves, others are very passive, and still others may be “yellers” or abusive to litigants. It’s best to know what to expect and prepare accordingly. The website contains a (somewhat dated) listing of statistics of asylum grant rates for IJs around the country.One method for doing this is to begin with the final version of the declaration and go through it, breaking it down into open-ended questions. Although strict evidentiary rules do not apply, the ICE attorney will object if you ask questions which are too leading in nature. For CAT, this means eliciting testimony about the applicant’s future fear of torture; for VD, this means eliciting testimony that the client was present in the United States for at least a year before the NTA was issued, that they are a person of good moral character, have never failed to depart pursuant to a prior VD grant, have never been convicted of an aggravated felony, possess travel documents, and actually intend to depart. When IJs hear cases with unrepresented respondents, they ask the bulk of the questions, so IJs often become impatient with slow, methodical questioning by the respondent’s attorney, and the IJ may jump in and ask questions to speed the process along. The client should be fully prepared to listen carefully to questions by the IJ and to respond in the event that the IJ takes over the questioning from you. It is also important that you do not become flustered if this happens. The IJ will probably ask a few questions, then hand the questioning back over to you. If the IJ already covered something that you had intended to cover, don’t just return to your written the questions about the same incident, or the IJ will become more impatient with you. It is best to prepare the applicant for the harshest cross imaginable. You should look for any weakness or discrepancy in the case and work with the client to come up with truthful explanations that damage the case as little as possible. You should never give the client the questions to “study.” It is imperative at the hearing that the client think about the question and respond to the question by remembering the experience that they went through. If they memorize the “correct” answers, their testimony will sound rote and unconvincing. The client should reread their declaration, I-589, and supporting documents. The applicant should “study” the dates, because discrepancies between the oral testimony and written testimony can lead to an adverse credibility finding. In addition, all witnesses, particularly respondents, are generally very nervous and thus likely to forget certain things. For example, clients often forget dates or even years in which events happened. Though this is quite normal human behavior, often both ICE attorneys and IJs tend to think that if a client cannot remember in which year an important event occurred, then the account is not credible. As a result, you must try to convince the client in advance that it is very important to remember such details and testify to them to the best of their recollection. You should you run through a mock hearing with your client and practice some cross-examination questions with them. After building trust with your client, it is important that you mentally prepare them to face seemingly hostile questioning from the ICE attorney and IJ. They should not feel compelled to wear a suit, but they should not wear jeans and a t-shirt either. Some immigration courts (notably New York’s) can have long lines with extensive security to enter the building. In New York, the attorney and client should meet outside the building together, and have the written hearing notice handy to show the security guards. The attorney should always arrange to meet the client at least 30 minutes before the scheduled hearing in case there is a problem getting into the building. Most federal buildings have cafes if it becomes necessary to kill time. If the respondent is not in Court within a few minutes after the scheduled hearing time, they can be ordered removed in absentia. Asylum hearings are confidential, and IHs are generally closed to the public. It is, however, possible for multiple members of the law firm team to attend the IH. There’s really nothing to do about this but be flexible. ICE attorneys act as “prosecutors,” attempting to disprove the applicant’s eligibility for asylum. Witnesses are sworn, and both sides have the opportunity for direct and cross-examination. IJs are usually also very involved in questioning your client. However, immigration proceedings are not governed by the Administrative Procedures Act (APA), and tend to be more informal than those governed by APA standards. 3 Formal presentation of evidence is generally not required.Asylum-seekers are rarely able to offer evidence beyond their own testimony that would stand up to rigorous rules of evidence. For example, it is understood that producing a third-party declarant is simply out of the question, particularly in the case of an asylum-seeker who fled for their life. Thus, many kinds of evidence that would present difficult issues in other courts may be easily admissible in immigration court. Letters from friends or family members may often be introduced with little difficulty (though not always), as long as they are accompanied by translations. Documentary evidence, such as newspaper articles and general treatises are routinely admitted without objection. Thus, attorneys should not shy away from attempting to admit any evidence as long as an argument can be made that it is probative of the client’s claim in some fashion. Needless to say, however, the IJ will give all of the evidence the weight that they think it deserves. Particularly marginal evidence may be admitted by the IJ but viewed with a great deal of skepticism. Every effort should be made to comply with these regulations or to explain why authentication was not possible. Some IJs will allow documents which have not been authenticated according to the regulations into evidence, while other IJs will not. Make sure that everything you’ve submitted gets properly into the record as evidence. It is important to make certain that names, addresses, dates, A-Numbers, etc.In addition, if you know there will be substantial or even minor inconsistencies between testimony and earlier submissions, such as statements given to a DHS Officer or statements made during a credible fear interview, an attempt should be made at this point to correct inaccuracies and to state clearly the reasons for the inaccuracies. For example, many clients have unwittingly filed boilerplate applications prepared by unethical “notarios” or others and signed applications whose contents they know nothing about. Additionally, some clients initially file applications containing asylum claims that they believe are more acceptable, such as political opinion claims, but which subsequently turn out to be fabrications.Generally, the NTA and related materials have already been admitted as initial exhibits, and the asylum application along with all attached materials will be identified and admitted as a group exhibit. The IJ will simply identify all offered exhibits and ask if there are any objections. There are generally no objections to this, but if the ICE attorney does object to a particular piece of evidence, the IJ will usually permit brief arguments and rule quickly. Occasionally, specific items such as expert witness affidavits or CVs, or pieces of direct evidence such as letters or documents, will draw objections that the IJ is not comfortable ruling on at that point. In these circumstances, the IJ may instead reserve his ruling until the attorney presents the evidence during the course of the case. Other times the IJ will ask the two attorneys to discuss the case before going on the record to see if any agreements can be reached. For applicants with one-year issues, the attorney should seriously discuss the pros and cons of winning withholding of removal as opposed to asylum before the IH date because of this possibility. If the applicant has no colorable exception to the one-year filing deadline, there may not be a downside to accepting such an offer.Some will not permit them if the attorney has filed a pre-hearing memorandum. Either a pre-hearing memorandum or an opening statement is a very good idea, as both are vehicles to briefly summarize the client’s case and, in cases where it is not clear that the case falls within the boundaries of refugee law, to cite supporting case law and distinguish problematic case law. The IJ will review the file and read concise memoranda a day or so before the hearing, and in most cases, will be prepared to issue their oral decision immediately after the close of the hearing. A good memorandum and opening statement, when permitted, can be critical. The respondent’s attorney offers her case first, conducting direct examination, followed by cross-examination by the ICE attorney, and then by redirect examination where necessary. If your expert is located in another part of the country or the world and the cost of producing the expert in person would be prohibitive, most IJs allow telephonic testimony by expert witnesses; however, you will have to submit a motion prior to the call-up date requesting leave to present testimony telephonically. If there are other witnesses (especially expert witnesses, or medical or mental health professionals) with pressing schedules, most IJs will allow them to testify first instead of your client. Any witnesses (other than the respondent) who have not yet testified must wait outside the court room. Thus, if a client intends to have their partner testify, they should be aware that their partner cannot be in the court room for moral support while the applicant is testifying. Witnesses should be instructed to bring something to read and to have a full meal before coming to court because they may have to wait a couple of hours before they testify. The client should be advised to answer questions succinctly without engaging in long narratives, and should state clearly when they do not understand a question. Preliminary information should be gotten out as quickly as possible. Duplicative information can and should be eliminated, where there is no particular reason to bring it out in testimony.It is important that you explain to your client in advance that you are required to ask open-ended questions in awkward format (such as, “did there come a time when you had a problem because of your sexual orientation?”). You should prepare your client for this format of questions as well as for the possibility that on cross-examination they may be limited to “yes” or “no” answers. Again, though there are essentially no rules of procedure or evidence, you should raise objections if the questioning is inappropriate.