ASYLUM SEEKER ADVOCACY PROJECT (ASAP) INSTRUCTIONS FOR PRO SE MOTIONS TO REOPEN IN ABSENTIA REMOVAL

ORDERS (MTRs)

Please note: ASAP prepared these instructions and the enclosed templates and samples for our organization’s internal use in 2019 -- we are sharing them in the hopes they will be useful to other advocates interested in assisting asylum seekers with pro se motions to reopen their in

absentia removal orders.

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 motion to rescind and reopen an in

absentia removal order 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 assistance, 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 motion.

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 MTR, 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.

Step Four: Do the intake call and review limited scope retainer Explain nature of the assistance, and confirm they want to move forward. Collect all immigration documents. Ask basic questions to understand the case, for example:

o The date and immigration court of missed hearing o How they found out and when they found out they missed their hearing o If missed hearing because of no notice, were they living at the same address they

gave to immigration when they left detention? Was someone checking the mail at the address they gave to immigration when they left detention?

o If tried to change address, what happened? Did they change with both ICE and Immigration Court? Did they understand the difference between the two? Did anyone ever tell them about a requirement to change address? What did they understand about the requirement and how to do it? If someone helped them change address, were they an attorney? Did they pay them? What was their name?

o Did they receive any other mail from the immigration court? If so could they understand it?

o If missed hearing even though knew about it, why could they not go to hearing? Transportation problems? Health problems? Family issues? Was in wrong city?

o Did they go to the hearing but get there late? If so what happened when they arrived? What did the court staff say?

o Did they have an attorney? What did the attorney advise? o What did they think to do after receiving the deportation order? o If removal order is more than 180 days old and they found out previously that

they had a deportation order, did they think about filing sooner? Why didn’t they file? Did they try to hire an attorney after learning of the removal order? If so, why weren’t they able to?

o Do they attend ICE check-ins currently? Did they attend ICE check ins after leaving detention? Did they have an ICE check-in after receiving the removal order?

See ASAP & CLINIC’s Guide to Assisting Asylum Seekers with In Absentia Removal Orders, at https://asylumadvocacy.org/resource/in-absentia-removal-guide/, for more ideas about questions to ask and to understand the legal framework for motions to reopen in absentia.

Update limited scope retainer with the person’s name and what you have agreed to help with, 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.

o See Enclosures 1 & 2 - Limited Scope Retainer in English and Spanish. Upload completed intake to database.

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Step Five: Prepare the filing

The final pro se MTR should include the following documents in this order: 1. Cover Letter from your organization

o See Enclosure 3 – ASAP Template Pro Se MTR Cover Letter 2. E-33s, if the address is not listed correctly with the immigration court

o You can find an EOIR-33 for the correct immigration court here: https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing

o Your will need to create separate E-33s for parents and children (if the child is a rider on the case).

3. Cover Sheet4. Motion to Reopen5. Exhibits with evidence 

o Include page separators for each of the exhibits: “Attachment 1” “Attachment 2” etc. 

o NOTE: If the person has not yet submitted an I-589 asylum application in their case should also complete and submit an I-589 as an attachment: https://www.uscis.gov/i-589.

6. Sample order 7. Certificate of interpretation

To Prepare the Motion:o Follow EOIR’s sample motion to reopen template, available here:

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’s pro se MTR template, plus certificate of interpretation – see Enclosure 4.

o State the relevant facts in support of the MTR clearly and chronologically. o Include documentary evidence to support facts wherever possible (bills with

addresses, letters of support, evidence of compliance with ICE check-ins, etc.). Include an I-589 as an attachment, if they have not previously submitted I-589.

o For a sample of a successful pro se MTR, see Enclosure 5 – ASAP Sample Pro Se Motion to Reopen In Absentia.

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

o Send to attorney supervisor for review and sign-off before finalizing. o **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 documents.

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Step Six: Send copies of the filing Send three copies of the completed filing to the person to file. Make sure to include sticky notes or tabs indicating where they need to sign and date. If the person is going to file on their own, give them instructions on how to file the

motion with the adjudicator and how to file the service copy. 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.

o Third copy is for the person to keep for their records. If filing in person, they should take their copy to the court window to

get a stamp of the first page for their records. If filing by mail, they should send in an extra copy of the first page of

the MTR with a stamped and self-addressed envelope with a short letter asking the clerk to stamp the first page and return it by mail.

If the MTR 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.

If the person has ICE check-ins, make sure to let them know that they should take a copy of the stamped pro se MTR to their next ICE appointment and show it to their ICE officer. Explain to them that if they have submitted their pro se MTR within 180 days of the deportation order (for exceptional circumstances MTRR) or at any time (for no-notice MTRR) they get an automatic stay of deportation. 

Step Seven: Check final filing After you send the filing to the person, review the final signed and dated document with

them. We often ask them to send photos of each page with a signature to make sure that the filing was signed and dated correctly.

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 periodically until you know the outcome.

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If the motion is denied: follow up about a plan for the individual. 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 court. Make sure they know the importance of finding an attorney.

o Note: If you submitted an I-589 with the MTR and the asylum clock does not automatically start once the MTR is granted, you will have to resend a copy of the I-589 with a cover letter requesting that the court start the asylum clock. 

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. 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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