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 a motion to reopen based on ineffective assistance of counsel so that the motion has the best chances of success. Finally, it briefly discusses the option of filing an appeal if the immigration court or the BIA denies the motion to reopen.
The Immigration Legal Resource Center (ILRC) has developed a comprehensive framework to enhance its engagement with directly impacted community members. This framework is designed to systematically involve these individuals in the ILRC’s activities, ensuring that their voices and experiences are central to our work.
The ILRC has published its 2024 Annual Report, which includes information about the initiatives the organization took that year, as well as the organization's financial position.
The ILRC has published its 2024 Annual Report, which includes information about the initiatives the organization took that year, as well as the organization's financial position.
This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.