petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. EOIR hotline The BIA provides automated case information at (800) 898- Office main line at (703) 605-1007 and speak to a live person, but the information that the phone clerk is authorized to give is limited. Be aware that BIA Attorney This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases. 21-50094: USA 22-524 in part and remand Elizaldes asylum claim to the BIA. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. WebAnnotated Sample Notice of Appeal to the BIA Immigration Justice Campaign The first step in appealing an immigration judge's decision to the Board of Immigration Appeals uUqqRvjYWTr a G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. Washington, D.C., 20005. would grant the petition in Case No. WebPlease create a free account to view this resource. 60 0 obj <> endobj WebMEMORANDUM OF LAW IN SUPPORT OF APPLICATION FOR CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS AND WITHHOLDING OF REMOVAL I. h|YnH}W08Vq~Rl Y~hHLjHg?oe9rKUrp~unsa8L%aY=;2L.'MJ3'0|XEaf\. ^"4w6WN]fnuv.9Ud|]`1 (CgnoW6CRu2'RP[:{.KA%]rDTRt@ )yP/3zf$anwmV:5j MJj9 p M}0/'+Jp{`1 oBz~} 2018) counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Diaz-Lizarraga, Lugo, Second Circuit, Amicus Brief of IDP et al. WebAn appeal of an immigration decision may be filed with the Board of Immigration Appeals. y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa .lDVm[w2J"l Q0zCGEZQ)65i}lH'SjDsFL$?G(2Ffk SSbQ;@?IFY0?_e@oo& g4Z8f]K8DQnQ}O4wswyF%6tG5x,vE2n\,jAbNJV$Lulr%C*}O!lEV,"Lj'@H in Support of Petitioner. Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. Immigration: BIA: Subm. Decision of Immigration Judge Alice Segal, A-XXX-XXX-XXX (N.Y. Imm. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign [Pl@ MW $@N/iNw `kP6//``*/h`` A `3Ar``l2D;dT;Lb2A0ac` An official website of the United States government. Immigration: BIA: Subm. counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). NOTE that as of February 20, 2020, pre-hearing briefs in Immigration Court are limited to 25 pages. endstream endobj startxref counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, , relief eligibility, cancellation of removal, Petition for rehearing and rehearing en banc, , relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), , categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights. WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. zKF1FogQpsY(} [gsXse~C\z}0==-.z%3s!ls43fqlu=DG=2UZUpd%bgJ9RWC :*=] qFA `adXD%IUOWtCrht\%4iY7s,c)FcJLDrh )Gz2^tqK~yq$v =/ Rph.D1#tEgcr3Iy!x\>. v se?E@5T6>4.c5yf&BTwvL=` dzS":Y8B1EUNy Webissue to the Board of Immigration Appeals (Board or BIA). Filing the Notice of Appeal automatically stays the removal order until the final decision by the BIA. would grant the petition in Case No. Immigration authorities have described it as perhaps the most complex and difficult to understand ground for asylum. While it is possible to request oral argument, the BIA almost never grants it. hUmO0+> q"JP D1)z%RTI%i"r|yhgi2e` aYYQi1)Ct&`LZK-Z0x2% Sj%quX] (I'Nj "FC&QZfA(:]KW5C ;T,YUL+>) |AByvuUbN&'I. 1331 G St. NW, Suite 200 To search this manual, please return to the EOIR Reference Materials main page and enter your search term into the applicable search box. WebEnding Immigration Detention; COVID-19 Advocacy; Due Process; Pregnant Women in Detention; Access to Medical and Mental Health Care; Prolonged Detention; Access to petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2021; pending): Brief of IDP et al in Support of Petitioner categorical approach, divisibility, Mathis. In 2014, the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying federal immigration laws, held that a particular social group must have three characteristics. stream To learn more, please go to scam.immigrationcouncil.org. Matter of B-Z-R-, AXXX-XXX-675, On Certification to Attorney General Merrick Garland (filed with BIA 2022; pending): Siriboe v. Garland, 21-6323 (filed with 2d Cir. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. WebSAMPLE Motion to Reconsider with the BIA [If applicable: DETAINED] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW _____, hereby seeks reconsideration of this case in light of the Board of Immigration Appeals (BIA or Board) recent precedent decision in Matter of Abdelghany, 26 I&N Dec. This page contains sample briefs on a range of issues. hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B This appeal is not appropriate for summary affirmance because it e:jO~Sje^ N0JfL,Z*OX99GXDF,2`HdxsY%$JDoe""bMTt=QR[)v"d1#+8UA271j 2bRL[=[ Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. 8ttONp]Kw4qpf\YmmYm7`y\%b`loh T.!,V:+6>+FEuiVfM+Q~i"OPv:`6l6H!U pw0mrsRl qQqDKs5=r cdXa'PHAILPb`|H3=8Wu&^M! WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. endstream endobj 689 0 obj <>/OCGs[702 0 R]>>/Outlines 231 0 R/Pages 677 0 R/StructTreeRoot 295 0 R/Type/Catalog>> endobj 690 0 obj <>/MediaBox[0 0 612 792]/Parent 679 0 R/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 691 0 obj <>stream endstream endobj 61 0 obj <> endobj 62 0 obj <> endobj 63 0 obj <>stream iXJ{+ kIax&. Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. As part of the preparation for your clients hearing, you may draft a pre-hearing brief. hb```f``d`d`aa@ & dah`xQJDh3VZ^ Z$SY ]AU@. WebAsylum Practice Advisory: Applying for Asylum After Matter of A-B- June 2018 Heartland Alliance for Human Needs & Human Rights | National Immigrant Justice Center 208 S. LaSalle Street, Suite 1300, Chicago, Illinois 60604 | ph: 312-660-1370 | fax: 312-660-1505 | www.immigrantjustice.org Asylum Practice Advisory: Applying for Asylum After counsel David Zimmer (of Goodwin Proctor). tGP}| document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign XR3lQI``a`c`i J- w jWsP($30!.!|do;Daf`qH - WuC9T] J indicates the case will be submitted on the briefs, "Def." All referenced appendices in the Board of Immigration Appeals Practice Manual are available in the Shared Practice Manual Appendices. All rights reserved |, Sample Motion to Convert Individual Hearing to Master Calendar, Motion for Custody Redetermination New Arrivals, Sample Simple Motion for Telephonic Appearance, Motion to Appear Telephonically (Template), Motion for Bond Re-Determination Bond Reduction, Motion for Bond Hearing Changed Circumstances, Annotated Sample Notice of Appeal to the BIA, Sample BIA Brief, Asylum (credibility, corroboration), Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent), Sample BIA Brief, Asylum (due process, remand, administrative notice), Sample BIA Brief, Asylum (nexus, past persecution, CAT), Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation), Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime), Sample BIA Brief, Interlocutory Appeal (venue), Sample BIA Brief, Non-LPR Cancellation of Removal, Sample BIA Brief, Withholding of Removal (DHS appeal). BIA appeals are almost always done entirely on paper. ``x'3 }P It is wise to make all briefs and motions as concise as possible: the decision-maker will likely form an opinion on 1003.1(b)(3) as an appeal from the decision of an Immigration Judge (IJ) in a removal proceeding conducted in Miami, Florida. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. Client, A# 000 000 000 Clients Daughter, A# 000 000 000 5. \)0-%3'; Q^UphMUvm~R=193:F&[~@'@4U{eUn"Wy@qBDM_;q`E. WebIf the system says that the immigration judge ordered removal, and you already had your individual hearing, that most likely means the judge made a negative decision on your asylum case. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion RESPONDENT-APPELLANTS BRIEF ON APPEAL COMES NOW Respondent (Respondent or Appellant), through undersigned counsel, and pursuant document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign If you are in detention, call: (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm, For general inquiries, call: (212) 714-2904. WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see WebRESPONDENTS BRIEF This appeal should be reviewed by a three-member panel under 8 C.F.R. CLINIC Senior Attorney Victoria Neilson and Central American Legal Assistance (CALA) Senior Staff Attorney Heather Axford drafted this sample brief that 1003.1(e)(6). %%EOF 2018; pending) Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights, Obeya v. Sessions, 884 F.3d 442 (2d Cir. Immigration Appealss (BIA) dismissal of his appeal of an immigration judges (IJ) denial of his application for asylum and withholding of removal. counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Surveillance, Tech & Immigration Policing, Brief of IDP and Harvard Crimmigration Clinic in Support of Petitioner, Brief of Kathryn O. Greenberg Immigration Justice Clinic in Support of Petitioner, Brief of IDP et al in Support of Petitioner, IJ Maria Lurye decision, New York Immigration Court, dated Oct. 15, 2018, IJ Terry A. Bain decision, New York Immigration Court, dated June 26, 2018, Unpublished decisionof the Board of Immigration Appeals, dated Sept. 9, 2019, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of, Statutory Motion to Reconsider and Terminate in Light of, Statutory Motion to Reconsider and Terminate in Light of. 22-15377 22-15658: Elena Nacarino v. Kashi Company - Appeals of the dismissal, based on preemption, of plaintiffs' state law claims in their diversity putative consumer class action alleging Kashi Company and Kellogg Company made false or misleading statements on its packaging about the amount of protein in its food products. WebBIA appeal process and beyond to the circuit court. attorney has accepted an asylum case for representation, NIJC will send a copy of the clients file and contact information to the attorney. h*j: ! A certificate of service must also be included with your Notice of Appeal, stating that service of the Notice was made on the Office of the Chief Counsel. Preferably identify and follow your theory of the case beginning at the IJ level (or earlier). To learn more, please go to scam.immigrationcouncil.org. There is no mandatory page limit for appeal briefs, but in the spirit of encouragement, BIA recommends that practitioners limit appeal briefs to 25 pages. hbbd``b`$ jwD!! 381 0 obj <>stream WebAsylum Sample BIA Brief Domestic Violence . 21-50094: USA v. A Time / Side value of "Subm." hbbd``b`@ ` i@#i,#1 Please note that in addition to using these samples, we recommend that you explore the practice guides, webinars, and other resources found throughout our training pages. &EDz%dI||&cI}g>dz=cUydTTdUUp1Lr[l4LZ||nbEW[E|Btyozo All rights reserved |, Sample Withholding of Removal: Nicaraguan Political Case, Sample Asylum Brief: Particular Social Group, Sample Convention Against Torture Brief: Transgender Mexican Woman, Sample Asylum Brief: Particular Social Group and Political Opinion. 4 0 obj To appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing,seewww.usdoj.gov/eoir/appealtypes.htmfor updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. Washington, D.C., 20005. All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. in Support of Petitioner, Appendix to Amicus Brief of IDP et al. The BIA has limited fact-finding ability on appeal, which heightens the need for IJs to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law. t>{Gz#,R %PDF-1.7 % But you can continue to fight your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! 2022; pending): Farhane v. U.S., 20-1666 (filed with 2d Cir. Contact campaignwebsite@immcouncil.org for additional assistance. 22-524 in part and remand Elizaldes asylum claim to the BIA. The Board of Immigration Appeals (BIA) had jurisdiction to hear this case pursuant to 8 C.F.R. :F6,+LF*s!Lc~|=eri/VW215mm1ab/nt}|M_ T N slX=`YW2'p%6y@n;;d. 0 WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. Immigration: BIA: Subm. Once a . 2018; pending) motion to reconsider, Mathis, categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Khalid v. Sessions (2d Cir. I. endstream endobj 64 0 obj <>stream hb```J$``0p, (filed with BIA, July 2018) motion to reconsider, equitable tolling, (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31. L(yq@)/%S C$bCPG8w~0EJ0Il+Ne@w! 2017) (per curiam). dKvbZ 4 All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. 1331 G St. NW, Suite 200 Contact campaignwebsite@immcouncil.org for additional assistance. @ Z5{ On XXXXX the IJ issued a decision in Respondents case Decision of Immigration Judge Margaret Kolbe, A-XXX-XXX-XXX (N.Y. Imm. Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition. 0 A Motion to Reopen may be filed with an immigration judge or with the Board of Immigration Appeals. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. WebHowever, note that Notices of Appeals, briefs, and other filings may not be filed by e-registry. You cannot be deported Washington, D.C., 20005. Obtaining an Employment Authorization Document, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf, (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm. hTmo0+q@N s5IKD@hBVQ$T]bXU& review of the Board of Immigration Appealss (BIA) order adopting the Immigration Judges (IJ) adverse credibility determination and denial of his governor would tell him to leave the country after such a brief exchange. WebAfter that, your BIA appEval brief asylum samples is ready. [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. 700 0 obj <>/Filter/FlateDecode/ID[<91D7EFE01AA3804A9E503F6C154A56C3><7BCBF06FBC89794D96920C18D5820C77>]/Index[688 29]/Info 687 0 R/Length 72/Prev 464971/Root 689 0 R/Size 717/Type/XRef/W[1 3 1]>>stream 21-50094: USA v. A Time / Side value of "Subm." 2018; pending) counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Harbin, NYPL 220.31, Matthews v. Sessions (2d Cir. The amicus brief lays out how the particular social group of Honduran transgender women meets the three-prong test laid out in Matter of M-E-V-G-. WebBRIEF OF RESPONDENT Jason A. Dzubow, Esquire Dzubow & Pilcher, PLLC 1900 L Street, N.W. endstream endobj startxref &Kib}S|V7Xs`UeoUF0H{MWIQ >2%zj[Z1L To learn more, please go to scam.immigrationcouncil.org. Webthe Department of Justice that also includes the Immigration Judges. Suite 610 Washington, DC 20036 Telephone: (202) 328-1353 Facsimile: Information on writing BIA appeals is beyond the scope of this manual, but two excellent resources are the BIA Practice Manual, which is put out bythe BIA itself, and the American Immigration Law Foundationspractice advisory on BIA practice. hVmkH+%+ Mz$ud$ie%)>-$L =R 2dDCd bZ WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. 2018) conviction finality, Ozkok, Puello, Chevron, rule of lenity, Lorillard, Amicus briefs filed with BIA re. x\[oGv~_z7{'OlD7"`}jH,wnU{`sSK"mQio~O.|spYJtl$\\a^."isuEG`L:`*]gQUrBJK2][I^ Rocky Mountain Immigrant Advocacy Network, University of Wisconsin Law School Immigrant Justice Clinic, Copyright 2023 American Immigration Lawyers Association & American Immigration Council. It is well-established that where the BIA has not made a You notify the Board of Immigration Appeals of the appeal This is done by completing Form EOIR-26 from the EOIR website, preparing a copy of the immigration court's asylum denial, and submitting Form EOIR-27 if you are represented by counsel (strongly recommended). United States Court of Appeals Fifth Circuit FILED April 25, 2023 If you'd like to submit a volunteer application, please go here. It should also be sent by certified mail return receipt requested or via Federal Express or other overnight delivery service. 22-524 in part and remand Elizaldes asylum claim to the BIA. The BIA and IJ were permitted to afford substantial weight to inconsistencies that bear[] directly on [Rodriguez-Ramirez]s claim of persecution. Manes v. Sessions, 875 F.3d 1261, 1264 (9th Cir. If that appeal is not granted, the next level of appeal that may be filed is with a federal circuit court of appeals. This petition for review was filed within 30 days of the BIAs final decision in the The BIAs mission is to execute the adjudicatory functions of the Attorney General under the Immigration and indicates submission deferred. would grant the petition in Case No. Please create a free account to view this resource. Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. On November 1, 2005, he entered the United States without being admitted or paroled and was apprehended and placed in removal proceedings.