Select Motions to Reopen EOIR Decisions
NIPNLG has a strong interest in ensuring that noncitizens are not prevented from exercising their statutory right to pursue a motion to reopen a removal order before an immigration court or the BIA under 8 U.S.C. § 1229a(c). In Dada v. Mukasey, 554 U.S. 1 (2008), the Supreme Court recognized such motions as "important safeguard" intended "to ensure a proper and lawful disposition" of a case. In select cases, we represent noncitizens who seek to reopen their cases on the basis of vacated convictions or ineffective assistance of counsel and/or who challenge to the denial of those motions in federal court. Additionally, NIPNLG submits amicus briefs in support of certain petitions for review of motion to reopen denials addressing issues including the availability of equitable tolling of the reopening deadline and the regulatory bar to motions to reopen filed after a noncitizen's departure from the United States.