Motion to Reconsider WAFC | CLINIC

Motion to Reconsider WAFC

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Catholic Legal Immigration Network asked the Board of Immigration Appeals to reconsider its decision in Matter of W-A-F-C, 6 I&N Dec. 880 (BIA 2016) in a Jan. 17, 2017 motion to reconsider. In Matter of W-A-F-C, the BIA held that the Immigration Judge should grant a continuance where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14. CLINIC worked quickly over the holidays to contact counsel for the respondent, offer pro bono representation to the child respondent on the motion to reconsider, and draft the motion to reconsider to the BIA.

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Also Jan. 17, 15 legal organizations filed an amicus brief in support of the motion to reconsider. The brief was coordinated by Legal Aid Justice Center, Safe Passage Project and VIDA. The other organizations on the amicus brief are: Advocates for Human Rights, Catholic Migration Services, Community Legal Services in East Palo Alto, the Florence Project, KIND, Immigrant Defenders Law Center, Immigration Center for Women and Children, the Justice and Diversity Center of the Bar Association of SF, Legal Services of NYC, the National Immigrant Justice Center, Public Counsel, and RAICES.