Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel
This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany
Why it matters
Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Removal Defense; review the source material for the most current authority and procedure.
Topics
Removal defense
Motions to reopen / reconsider
Workflows
Immigration court deadline
Motions, stays, and pretermission
Forums
Cross-forum
Jurisdictions
National