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Practice Advisory: Post-Departure Motions to Reopen and Reconsider

Practice Advisory
Issue area
Removal Defense
Published: Jul. 11, 2023

Individuals seeking to reopen their immigration proceedings after departing or being removed from the United States face significant hurdles, including the potential application of the regulatory post-departure bar.

This updated practice advisory provides information on the legal issues surrounding post-departure motions to reopen or reconsider. This update includes a summary of recent positive developments regarding the applicability of the post-departure bar in the context of sua sponte reopening.

This resource builds on and updates a practice advisory previously issued in 2019 by the Catholic Legal Immigration Network (CLINIC) and the Center for Human Rights and International Justice at Boston College.