12.07.2015 Views

Appendix C. Representation Checklist for Nunc Pro Tunc Case

Appendix C. Representation Checklist for Nunc Pro Tunc Case

Appendix C. Representation Checklist for Nunc Pro Tunc Case

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PRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESM. Individual Hearings1. ____ Prepare your client <strong>for</strong> the hearing.2. ____ Complete a “red line” version of your client’s previously submitted I-589 tothe court incompliance with the Local Operating <strong>Pro</strong>cedures, usually ten daysbe<strong>for</strong>e the individual hearing.3. ____ Meet regularly with your client be<strong>for</strong>e the hearing date4. ____ Gather experts to testify in court and submit affidavits5. ____ Research your client’s country conditions. Submit evidence of the countryconditions to the court.N. If the Immigration Judge Grants Your Client Asylum* Follow the procedure outlined under section “I” above.O. If the Immigration Judge Denies Your Client Asylum, Appeal to the Board of ImmigrationAppeals (“BIA”)1. ____ Prepare a Notice of Appeal to the Board of Immigration Appeals.a. The BIA must receive the Notice of Appeal within 30 days of theimmigration judge’s decision.2. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.3. ____ If you agree to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.4. ____ Wait to receive a briefing schedule from the BIA.5. ____ Request a fee waiver on behalf of your client.P. If the BIA Affirms the Immigration Judge’s Decision, Denying Asylum <strong>for</strong> Your Client,Appeal the <strong>Case</strong> to Federal Court1. ____ Submit a Petition <strong>for</strong> Review within 30 days after the service of the BIA’sdecision to the Eight Circuit.2. ____ File an In Forma Pauperis to waive the appellate fee.3. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.4. ____ If you agree to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.Q. Closing the <strong>Case</strong>1. ____ Notify The Advocates that you are closing the case.2. ____ Write a closing letter to your client.3. ____ Fill out The Advocates’ closing <strong>for</strong>m.4. ____ If you used the VLN retainer, complete the VLN case closing <strong>for</strong>m andsubmit it to VLN.R. Annual Reporting to The Advocates1. ____ By July 15 of each year, provide an estimate/or number of actual hoursdonated to The Advocates. Also include in this report additional costs you donatealong with your hourly rate.

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