Defensive Asylum

Getting Started

• Defensive Asylum Roadmap
• Asylum Evidence Checklist

Asylum Manuals

• Removal Hearings Manual — helpful guide about how to prepare for each step in the removal defense process.
• Immigration Equality Asylum Manual
• National immigrant Justice Center (NIJC) Procedural Manual for Asylum Representation
• Immigration Justice Campaign (IJC) Immigration Court Practice Guide

Preparing for the Individual Hearing

Please consult the Immigration Court Practice Manual for descriptions and rules about hearings. It is possible to observe hearings. Contact your LSNYC mentor for tips on arranging the observation.

• Tips on Preparing for an Individual Hearing
• Trauma Informed Representation in Asylum Cases
• Practice Pointers on Direct and Cross-Examination
• Direct Examination Practice Advisory
• Testimony Tips for Client and Witnesses
• Tips and Advice for Preparing You & Your Client for Your Immigration Court Merits Hearing
• Working with Country Conditions Experts
• Country Conditions Expert Direct Examination
• Opening Statements and Closing Arguments in Immigration Court 
• Rules of Evidence in Immigration Court
• Objections in Immigration Court
• Practice Advisory on Pretermissions

Sample Documents

• Written Pleading
• Another Written Pleading
• Certificate of Translation
• Cover Page
• Certificate of Service
• Witness List and Motion for Telephonic Testimony
• Table of Contents

Sample Motions

Each motion with the court should include a cover page, proposed order, and certificate of service. Please review the Immigration Court Practice Manual for specific rules.

• Motion for WebEx Testimony — to request the court allow your client to appear remotely.
• Motion for Change of Venue — if your client moved and you need to change venue.
• Motion for Substitution of Counsel — if nother attorney entered their appearance on client’s behalf with EOIR and you need to add a new attorney of record.
• Motion to Withdraw — if you need to withdraw as attorney of record.
• Motion to Continue — if you need to push your client’s hearing to a later date.
• Motion to Advance — if you’d like to ask the court to move your client’s hearing up.
• Motion to Terminate — if you would like the court to terminate your client’s removal proceedings, usually if they have received other relief.
• Motion to Consolidate — if you your client and a derivative have separate cases and you’d prefer to litigate them together.
• Motion to Accept Untimely Filing — if you need to file something after the 30 day call up deadline.
• Proposed order — include a proposed order with each motion.

Other Resource Libraries

Our sister organizations have helpful resource libraries with samples and practice advisoriee

• Center for Gender and Refugee Studies Technical Assistance Library
  • They also maintain a list of country conditions experts
• Human Rights First Resource Library
• IJC Index of Samples
• NIJC Resources

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