Template Motion to Reconsider Before the Immigration Court and Motion to Remand Before the BIA Based on Vacatur of the Circumvention of Lawful Pathways Rule

On June 3, 2026, a federal district court in California entered a final judgment in the East Bay Sanctuary Covenant v. Trump, vacated the Circumvention of Lawful Pathway (“CLP”) rule, codified at 8 C.F.R. § 1208.33 et seq. The vacatur means that the CLP rule has been set aside and is without legal effect unless and until the ruling is stayed, modified, or reversed on appeal. As a result, noncitizens whose asylum applications were denied solely because of the CLP rule—but who were otherwise found eligible for protection and granted withholding of removal—may have a basis to seek reconsideration, reopening, or remand to permit adjudication of their asylum claims under the legal framework now in effect. These template motions are intended for practitioners representing noncitizens who previously sought asylum but were granted withholding of removal solely due to application of the CLP rule.