THE LIFE OF AN IMMIGRATION CASE AND WHAT FORM OF PD TO REQUEST AT EACH STAGE Before Removal Proceedings Preventing Detention and Issuance of Notice to Appear Potential Players: local police, ICE agents, Citizenship and Immigration Services, Asylum Office officers Arrest of Client Denial of Application for Immigration Benefits by USCIS Who arrested the client? o Local Police for traffic violation, criminal offense, or unlawful enforcement of immigration law o ICE Agent for immigration violation o 287(g) deputized sheriff s deputy in Frederick, MD PD Strategy Local Police: Traffic Violation or Criminal Offense: o If the client is detained pursuant to a lawful arrest, find out: 1) if a criminal bond has been set and, if it has not, request no bond or a low bond; and, 2) if the client is detained pursuant to a lawful arrest, find out if an ICE detainer has been lodged against the client. Iif so, negotiate directly with the ICE agent who has the case to withdraw the detainer. o Practice Tip: Do not push to pay Generally leads to the issuance of the Notice to Appear Who would issue the NTA? o Local CIS o Arlington Asylum Office o CIS Service Center PD Strategy: request the NTA not be issued or, if applicable, that its issuance be delayed until the client can qualify for LPR or non-lpr cancellation of removal, which require a certain amount of time in the United Stated before issuance of the NTA as it stops the clock. Note that if your client was applying for affirmative asylum within the oneyear filing deadline, they won t have the requisite physical presence require
a criminal bond if an ICE detainer has been lodged because payment will lead to a quicker transfer to ICE custody, not release from detention and you may need more time to analyze the immigration case and collect documentation from the family. for non-lpr cancellation of removal Practice Tip: Your AILA liaisons will be instrumental in helping you identify the recipient of your PD request Local Police: Unlawful Immigration Enforcement: While the PD memos do not apply to local law enforcement agencies that do not have a formal agreement with ICE, your PD request can argue that since they chose to argue as de facto ICE agents, they should adhere to ICE guidance ICE agent o Request that the NTA not be issued o Request release of client an alternative to detention o Request no bond or a low bond o Practice Tip: Before you request either of these, be sure your client is not subject to mandatory detention Removal Proceedings Potential Players: Office of Chief Counsel and Immigration Judge Detained Clients Non-Detained Clients First PD Goal: Getting Client out of Detention PD Goal: Getting client out of Removal
Request non-opposition to bond request before IJ, if not subject to mandatory detention If not subject to mandatory detention, but OCC argues client is subject, negotiate dropping that charge directly with OCC (Note: March 22 is the oral argument for the Fourth Circuit s interpretation of Matter of Rojas) Second PD Goal: Getting client out of Removal Proceedings If an LPR client, negotiate a charge that would not make client removable If LPR or non-lpr client and eligible for immigration relief, request non opposition to application for relief or some aspect of your case like stipulation of the facts, recognition of expert qualifications, etc. If client is eligible to adjust status, request termination of proceedings so client can adjust with CIS, if prefer to go before CIS Proceedings If an LPR client, negotiate a charge that would not make client removable If LPR or non-lpr client and eligible for immigration relief, request non opposition to application for relief If client is eligible to adjust status, request termination of proceedings so client can adjust with CIS, if prefer to go before CIS of proceedings of proceedings from OCC If no relief is available and OCC will not agree to admin closure or termination, request admin closure from IJ If OCC will not agree to admin closure or termination of proceedings and oppose IJ admin closing the case, request that the OCC join you in a request for deferred action before ERO. Alternatively, if the IJ denies admin closure, negotiate some form of PD instead of appealing. of proceedings from OCC If no relief is available and OCC will not agree to admin closure or termination, request admin closure from IJ If OCC will not agree to admin closure or termination of proceedings and oppose IJ admin closing the case,
request that the OCC join you in a request for deferred action before ERO. Alternatively, if the IJ denies admin closure, negotiate some form of PD instead of appealing. Removal Order Is Issued Potential Players: ICE Enforcement and Removal (ERO) Office, Congressional Representatives No Appeal Appeal File for Deferred Action Request a stay of removal Negotiate forgoing appeal in exchange for PD If case is already on appeal, request joint motion to terminate or to remand so that you can request administrative closure from the IJ Client with Old Removal Order Request Joint Motion to Reopen from OCC Office where removal order was issued so client can 1. Apply for a benefit for which s/he is currently eligible, 2. admin close or terminate if client if client will be eligible for a benefit in the future. However, option number two brings him/her to ICE s attention and possible enforcement of the removal order. Request for Stay of Removal/Deferred Action. If your client has not yet been targeted for removal by ICE, but needs employment authorization, consider requesting a Stay of Removal or Deferred Action. However, remember that this brings him/her to ICE s
attention and possible enforcement of the removal order. If eligible to adjust now or currently has some form of legal status allowing client to adjust in the future, request Joint Motion to Reopen and Termination of Proceedings, which will allow jurisdiction over the application to vest with CIS