Understanding the Proposed Rule for Motions to Reopen Before EOIR

Understanding the Proposed Rule for Motions to Reopen Before EOIR

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Recording Date 10/31/17
CLE Eligible Yes
Length 66 min.
Format MP3
SKU POD2017-12

On July 28, 2016, EOIR published a proposed rule that would establish new procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based on ineffective assistance of counsel. Join our panel of experts as they discuss the proposed changes and how they could affect motions practice in ineffective assistance of counsel cases.


  • What Constitutes Ineffective Assistance of Counsel?
  • Ineffective Assistance of Counsel as an Exceptional Circumstance
  • Comparison of Matter of Lozada and the Proposed Regulation
  • Equitable Tolling and Due Diligence: What Has Changed in the Proposed Regulations?
  • Circuit Law Standard vs. EOIR Prejudice Standard: What Constitutes Prejudice for a Lozada Motion to Reopen?
  • The Reasonable Probability Standard and How to Show the Outcome of the Proceeding Would Have Been Different

 

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CLE credit is available in most jurisdictions for this podcast. Please view the CLE status sheet and webCLE instructions for more details.
Rebecca Sharpless (DL), AILA Federal Court Litigation Section Steering Committee, Coral Gables, FL
Kristin Macleod-Ball, Boston, MA
Karen T. Grisez, Washington, DC

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