<em>Al Otro Lado v. Mayorkas</em> Lawsuit: Template Materials In Support of Preliminary Injunction Relief

Al Otro Lado v. Mayorkas Lawsuit: Template Materials In Support of Preliminary Injunction Relief

                      

The following template materials are not a substitute for independent legal advice provided by a lawyer familiar with your case.

The U.S. government has agreed to template motions to reopen for individuals eligible for reopening relief under the preliminary injunction orders issued in the case Al Otro Lado v. Mayorkas (“AOL PI”).

You can use one of the government templates to file a motion to reopen if you qualify for reopening under the AOL PI because:

  1. You are an AOL PI class member (see below for definition of AOL PI Class Membership)
  2. You received a final order denying you asylum from the Board of Immigration Appeals (BIA) or the Immigration Court; and
  3. You had the Third-Country Transit Rule (also known as the Asylum Transit Ban) applied to your asylum claim.
  • The Third-Country Transit Rule was a rule implemented by the U.S. government on July 16, 2019, to limit who could seek asylum in the United States. The rule stated that if you are from a country other than Mexico and you did not seek and receive a final denial of asylum or other legal protection in Mexico or another country through which you traveled on your way to a land port of entry on the U.S.-Mexico border, you you are not eligible for asylum in the United States, subject to limited exceptions.
  • The Third-Country Transit Rule could have been applied to your case at the following times:
      • During your initial screening with an asylum officer to determine if you had a fear of persecution;
      • During an immigration judge’s review of a negative credible or reasonable fear determination;
      • During a hearing before an immigration judge or a written immigration judge decision related to your asylum claim; or
      • During the BIA’s review of an immigration judge’s decision on your asylum claim.

 

Download Instructions and Accompanying Materials Here

AOL PI Class Membership:

You ARE a class member IF ALL of these apply to you: You ARE NOT a class member IF ANY of these apply to you:
  • Are not a citizen or national of Mexico;
  • Are a Mexican citizen or national;
  • Were subject to “metering”* before July 16, 2019;
  • Were not physically present at or near the U.S.-Mexico border before July 16, 2019;
  • Did not enter the U.S. until on or after July 16, 2019; and
  • Most recently entered the United States before July 16, 2019; or
  • You sought asylum or claimed fear and still would like to pursue asylum in the U.S. 
  • Have already been granted asylum in the U.S.

*You may have been subject to “metering” if:

  • You approached a land port of entry on the U.S.-Mexico border and were told you had to wait to enter the United States, or that the port did not have capacity to process you, and/or
  • You registered, placed, or tried to place your name on a waitlist in Mexico after you arrived at a border town near the U.S.-Mexico border.

♦♦♦♦♦

 

You need to submit ONLY ONE of the following government template motions with accompanying materials.

 1. Template motion to the immigration court and accompanying materials:

If you did not appeal your removal order to the BIA in the past, use the government template available here to file your motion with the immigration court (immigration judge) that entered the removal order against you: Template AOL Motion to Reopen (Immigration Court).

With your government template motion you should include the Exhibits listed below and proof of service (provided at the end of the government template linked above).

Documents you should include with your government template motion, as Exhibits:

A copy of the Al Otro Lado v. Mayorkas preliminary injunction order, dated November 19, 2019. (Exhibit A)
A copy of the Al Otro Lado v. Mayorkas order clarifying the preliminary injunction, dated October 30, 2020. (Exhibit B)

A copy of your removal order issued by the immigration court. (Exhibit C)

A  declaration describing the facts about your arrival at the border and any attempt(s) to cross at a port of entry, including any evidence* indicating that you were at the border before July 16, 2019, and were made to wait until July 16, 2019 or later to cross the border, such as evidence that you put your name on a waitlist. (Exhibit D)
A proposed order (Exhibit E)
A EOIR-33 Form, providing your updated address. (Exhibit F)

* Examples of possible evidence include: a declaration from a border organization (such as Al Otro Lado) that has access to copies of the waitlists at certain border towns and can attest that your name is on a waitlist, letters from shelters in Mexico with dates of arrival, ticket stubs from buses to the border, hotel receipts, affidavits or letters from friends, a photo of your name on the waitlist, or other similar evidence.

A template Exhibit List, Declaration (Exhibit D), and Proposed Order (Exhibit E) to accompany the government template motion to the immigration court are available here:

You must send your motion and all supporting Exhibits to the immigration court that entered the removal order against you. The address for that court should be included on the removal order itself (or see below for a link to the addresses of all immigration courts). If you did file an appeal, you should use the government template motion to the BIA and accompanying materials, below, instead. If the judge has transferred to another court or retired, the motion goes to the court where the immigration judge was sitting at the time the removal order was issued.

2. Template motion to BIA and accompanying materials:

If you received a removal order from the immigration court and appealed your removal order to the Board of Immigration Appeals (BIA) in the past, use the government template available here to file your motion with the BIA: Template AOL Motion to Reopen (BIA).

With your government template motion, you should include the Exhibits listed below and proof of service (provided at the end of the government template linked above).

 Documents you should include with your government template motion, as Exhibits:

A copy of the Al Otro Lado v. Mayorkas preliminary injunction order, dated November 19, 2019. (Exhibit A)
A copy of the Al Otro Lado v. Mayorkas order clarifying the preliminary injunction, dated October 30, 2020. (Exhibit B)
A copy of your removal order issued by the immigration court and a copy of the decision of the BIA affirming the order of the immigration court. (Exhibit C)
A declaration describing the facts about your arrival at the border and any attempt(s) to cross at a port of entry, including any evidence* indicating that you were at the border before July 16, 2019, and were made to wait until July 16, 2019 or later to cross the border, such as evidence that you put your name on a waitlist. (Exhibit D)
An EOIR-33 Form, providing your updated address. (Exhibit E)

* Examples of possible evidence include: a declaration from a border organization (such as Al Otro Lado) that has access to copies of the waitlists at certain border towns and can attest that your name is on a waitlist, letters from shelters in Mexico with dates of arrival, ticket stubs from buses to the border, hotel receipts, affidavits or letters from friends, a photo of your name on the waitlist, or other similar evidence.

A template Exhibit List and Declaration (Exhibit D) to accompany the government template motion to the BIA are available here:

 You You should file the government template motion to the BIA and accompanying Exhibits with the BIA at the following address:

Board of Immigration Appeals

5107 Leesburg Pike

Falls Church, VA 22041

If you did not file an appeal, you should use the government template motion to the immigration court and accompanying materials, instead.

Do not use the government template materials if an immigration court issued a removal order against you at a hearing where you were not present. Instead, contact an immigration attorney for further assistance. Here is a link to a website that allows you to search for immigration legal service providers based on your location in the United States: https://www.immigrationadvocates.org/nonprofit/legaldirectory/. These legal service providers offer their services at low or no cost.

Do not use the government template materials if you did not file an asylum application because an asylum officer or immigration judge indicated on the record that you would be ineligible for asylum because of the Third-Country Transit Rule. If you are in this situation, contact class counsel at [email protected].

Do not use the government template materials if you have received a new removal order referring to a decision made pursuant to the AOL v. Mayorkas preliminary injunction orders. If you are in this situation, contact class counsel at [email protected]

Instructions for Preparing the Motion:

Before you print your motion:

Complete the designated sections in the template motion and sections in yellow highlighting in the template accompanying materials with information specific to your case
Then, remove:
  • Yellow highlighting
  • Instructions in bold text
  • Parenthetical punctuation marks [ ], including instructions

Where to File: 

Unless you appealed your case to the Board of Immigration Appeals in the past, you must send your motion and all supporting documents to the immigration court that entered the removal order against you. The address for that court should be included on the removal order itself.  If you need any additional information, the addresses for all immigration courts are available online at https://www.justice.gov/eoir/eoir-immigration-court-listing.

If you appealed your case to the Board of Immigration Appeals in the past, you must mail your motion and all supporting documents to the BIA at:

Board of Immigration Appeals

5107 Leesburg Pike

Falls Church, VA 22041

We recommend that you obtain a tracking number for proof of delivery when you mail your motion and supporting documents.

You must send a copy of the motion and all supporting documents to the U.S. Immigration and Customs Enforcement Office of Chief Counsel (also known as the Office of the Principal Legal Advisor). The addresses for these offices are available online at www.ice.gov/contact/legal or you may send a copy of your motion and supporting documents electronically through the DHS ICE eService Portal, located at https://eserviceregistration.ice.gov. You must send the documents to the Office of Chief Counsel whose area of responsibility includes the immigration court in which your case was most recently heard. For example, for a case that was heard in the San Diego Immigration Court, you would send the documents to the Immigration and Customs Enforcement Office of Chief Counsel in San Diego.

We recommend that you also keep a copy of the motion and all Exhibits for your records. 

Filing the Motion: 

Make 3 copies of the motion and all Exhibits
Place the government template motion on top, then the Exhibit List, then the relevant Exhibits in order alphabetically
Mail the original copy to either the immigration court or the BIA (see Where to File above)
  • Obtain a tracking number for proof of delivery
Send 1 copy to the appropriate Office of Chief Counsel (see above) either by mail or electronically
Keep 1 copy for your records

 

Download Instructions and Accompanying Materials Here

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