ASYLUM SEEKER ADVOCACY PROJECT (ASAP) INSTRUCTIONS FOR PRO SE CHANGES OF VENUE (COVs)

Please note: ASAP prepared these instructions and the enclosed script, templates, and samples for our organization’s internal use in 2018 -- we are sharing them in the hopes they will be

useful to other advocates interested in assisting asylum seekers with pro se motions to change venue.

These instructions and other documents are not intended for publication, are not meant to be exhaustive, and are not a substitute for independent legal advice in any case.

Step One: Find out basic information At ASAP, we often learn about the need for a change of venue from one of our online

communities and ask follow-up questions. If the person has a lawyer, tell them to talk to the lawyer. If the person has access to local pro se assistance, refer them to the local assistance and

ask them to follow up with us if it doesn’t work out.

Step Two: Offer limited scope services Once you realize that someone needs a change of venue, doesn’t have a lawyer, and

doesn’t have access to local pro se assistance, explain that we may be able to help them prepare the intervention.

An ASAP video explaining changes of venue in Spanish is available here: https://www.youtube.com/watch?v=X-RYt3CPGjk

Sample language that ASAP paralegals use before moving forward on COVs identified in our online community:

o Estoy escribiendo porque parece que usted tal vez necesita ayuda para trasladar su caso a otra corte de inmigración. No soy abogada, pero soy asistente legal y trabajo bajo la supervisión de abogadas de la organización PASA (proyecto de apoyo para solicitantes de asilo), una de las organizaciones que contestan preguntas en este grupo. No podemos ser sus abogadas, pero podemos ayudarle solamente con el cambio de corte para que usted pueda someterlo por sí misma. ¿Quiere esta ayuda?

o También, por favor, vea este video que tiene información sobre cambios de dirección y como trasladar su corte: https://www.youtube.com/watch?v=X-RYt3CPGjk. Después de que usted vea el video, avíseme y puedo llamarla para hablar de los siguientes pasos.

If they are interested in receiving our help, you should ask for their A number, name, and phone number, as well as the A numbers and names of any children who are part of their case.

Ask them to send photos of their immigration documents by WhatsApp or fax. Let the person know that you will call them to talk about next steps.

Step Three: Make a record for the case and call the EOIR hotline Once you have basic information (A#, name, phone number), make a record in the

system you use for tracking cases (ASAP uses Innovation Law Lab, which we love, and would be happy to share tips on how we have set it up!).

Throughout your work on the COV, keep your database/tracking system updated contemporaneously with all records of your communications, notes, and documents you receive or create.

Call EOIR hotline 1-800-898-7180 o Enter A# -- option 1 is next hearing date, option 2 is days on the asylum clock,

and option 3 is case status.o Enter information in your database.

Look up the TRAC data about the different immigration courts o Go to http://trac.syr.edu/immigration/reports/judgereports/o Look up the asylum grant rates for the court where they are currently, and the

court they intend to transfer venue to.o Enter that information in your database (you will want to share it with the person).

Step Four: Do the intake call and review limited scope retainer See Enclosure 1 - Intake Call Script. See Enclosures 2 & 3 - Limited Scope Retainer in English and Spanish. Update limited scope retainer with the person’s name and type of intervention, review it

line-by-line with the person, ensure the person has signed copies and that signed copies are saved in the database. Electronic signatures are fine.

Upload completed intake to database. Step Five: Prepare the filing

The Motion to Change Venue should have the following documents in this order:1. Cover letter from your organization 2. E-33s 3. Cover page of Motion4. Motion5. Proof of Address6. Proposed Order7. Certificate of Service

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8. Certificate of Interpretation

To Prepare the E-33:o You can find an EOIR-33 for the correct immigration court here:

https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listingo Your will need to create separate E-33s for parents and children (if the child is a

rider on the case).o NOTE: In the case where someone’s address is already listed correctly in the

immigration court system, you don’t have to submit an E-33. To Prepare Proof of the New Address:

o You will need to help the person find evidence of their new address to include with the motion, unless a local organization informs us that such evidence is not necessary for that court. Save any proof you receive to the database.

o The proof can be a bill with their name or the apartment contract, for example. They could also use school enrollment records. If they do not have any proof of address, you could mail a letter to the person at their new address, and then use the envelope as proof (although this is not as strong as the other evidence).

o You can also have someone else living at the address write a simple letter explaining that the person will be living with them.

o See Enclosure 4 - Sample letter for proof of address.o Sample Language explaining proof of address:

o Necesitamos pruebas de su nueva dirección. Tiene alguna prueba bajo el nombre de usted con su nueva dirección? Puede ser cartas que usted ha recibido en la nueva dirección, recibos de luz, o el contrato con el dueño de la casa.

If no – Podemos mandar una carta a su nueva dirección para mostrar que usted recibe sus correos alli.

o Si no tiene pruebas con su nombre, alguien mas vive allí que ha recibido cartas o recibos en su nombre con la nueva dirección?

If yes – Esa persona puede escribir una carta diciendo que usted va a vivir con él o ella?

To Prepare the Motion itself: o Follow EOIR’s sample pro se Motion to Change Venue template, available at

https://www.justice.gov/sites/default/files/pages/attachments/2016/01/14/se_mudo_o_cambio_la_direccion.pdf .

o We have created a Word version of EOIR template– see Enclosure 5.o Include a cover letter- see Enclosure 6.

o The signature block should include the name of the attorney, their organization, contact information, where they are admitted, and a bar or EOIR number.

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o Include a certificate of interpretation – see Enclosure 7.o You will likely need to have the person concede to the allegations in the NTA.

Different courts/judges have different requirements. o For samples, see Enclosure 8 – Redacted sample pro se COV; Enclosures 9&10-

Redacted sample pro se COVs in the family separation context. o Please note that you should check the requirements of the judge or court. In the

context of separated families, we have seen at least one judge require a full I-589 submitted with the motion to change venue.

Review the whole packet with the person carefully to make sure all the information is accurate.

Send to attorney supervisor for review and sign-off before finalizing. **TRIPLE CHECK EVERYTHING AGAINST OFFICIAL PAPERWORK BEFORE

FILING! ** Especially: A-numbers, spelling of names, the individual’s address, the immigration court’s address, and OCC’s address. Check the filing against the individual’s ID documents, proof of address, and court documents.

Step Six: Send copies of the filing Send three copies of the completed filing to the person to file, or to a partner organization

that has agreed to help the person file. If the person is going to file on their own, give them instructions on how to file the

motion with the adjudicator and, if relevant, how to file the service copy -- as well as instructions on how to mail everything (USPS, Fed Ex, tracking number etc).

o First copy is for the Immigration Court. They can file by mail or in person. Share the address of the immigration court.

o Second copy is the service copy to send to the ICE Office of the Principal Legal Advisor. You can find the relevant offices here: https://www.ice.gov/contact/legal. If the person is filing in person at the court, they can ask at the court where to go to file the service copy in person too. Some OCC offices are no longer accepting in person filings and the person will have to mail in their service copy. Make sure to check this before instructing your client on how to file their service copy.

o Third copy is for the person to keep for their records. If you are sending the filing to the person by mail, make sure to include sticky notes or

tabs indicating where they need to sign and date. If the COV is time-sensitive, pay extra attention to explaining the difference between the

court and service copy, so that you get the motion filed in court as soon as possible.

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Step Seven: Check final filing After you send the filing to the person, ask them to send photos of each page the final

filing with their signatures if relevant. That way you can make sure that the filing was signed and dated in all the correct places.

Step Eight: Follow up about filing Follow up to make sure the person has been able to file. Make sure they know to call the EOIR hotline every week and to call the court directly to

ask about updates. You can also call the hotline and the court to check on the status, if the person is unable

to do so on their own. Check in about the results of the Motion to Change Venue periodically until you know

the outcome. If the Motion is denied: follow up about a plan to attend the hearing. If the Motion is granted: make sure the person knows the outcome. Make sure they know

to continue to check the mail and call the hotline to learn about their next hearing in the new court.

Step Nine: Close the case Let the person know that the intervention is closed and send a closing letter. Call them to tell them this ends our limited scope representation and that you will be

sending a closing letter. o At ASAP, we tell people to post in our online community if they have any issues

in the future. Remind to keep checking the hotline each week. Check in about their progress finding

and attorney and tell them we will send a list of referrals in the mail and give some over the phone if possible.

Draft closing letter with list of relevant referrals. Send closing letter by mail. Upload closing letter to database. Make sure database is updated with outcome, all final versions of documents, and all

notes, then close case.

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