The First Circuit recently recognized the right of individuals to
file a motion to reopen a deportation order, even after deportation.
This materials set will include an introduction to the area of
post-deportation immigration law and how it has evolved in recent years.
The program will provide information on applying for immigrant and nonimmigrant
visas after removal, along with the most common grounds of inadmissibility and
accompanying waivers of inadmissibility, with a particular focus on obstacles
faced by those who have been previously removed. They will also cover
"post-departure" motions to reopen, including a survey of circuit law on the
issue, a discussion of recent relevant First Circuit decisions, and suggested
strategies for filing post-departure motions to reopen before Immigration Judges
and the Board of Immigration Appeals. Lastly, the the materials will include
information on how to bring a client who succeeds on a motion to reopen or a
petition for review after deportation back into the United States.
I. Introduction to post-deportation
II. Immigrant and non-immigrant visa eligibility post-deportation
Post-departure motions to reopen
IV. Returning to the U.S. after a successful
motion to reopen or petition for review
Boston College Law School
National Immigration Project