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Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

Practice Advisory
Issue area
Children and Families
Removal Defense
Published: Aug. 18, 2023

(Updated Dec. 27, 2023) This practice advisory, authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips for advocating for clients who were in MPP. The advisory also discusses the complexities around DHS’s perspective on when MPP removal orders are considered “executed” and what that means for clients seeking to restart their cases.