Appendix C. Representation Checklist for Nunc Pro Tunc Case

PRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESAppendix C. Representation Checklist for Nunc Pro Tunc CasePlease note, this checklist is not an exhaustive list. Rather, the list is meant to serve as a guide toyou, the Volunteer Attorney, as you proceed with your asylum case. For additional information,please refer to The Advocates’ asylum manual and to the various government agency websites.Immigration law and policy change frequently. As the Volunteer Attorney, it is your responsibilityto confirm that the information you use is current.A. Getting Started With The Advocates1. ____ Sign-up with Probono.net/Asylum Law section athttp://www.probono.net/asylumB. Getting Started With Your Client1. ____ Initiate contact with your client2. ____ Arrange for an interpreter if necessary3. ____ Initiate contact with the consulting attorney4. ____ 1 st meeting with your clienta. ____ Sign VLN and/or private retainer agreement1). If you are using the VLN agreementa). ____ Sign up as a VLN volunteer attorneyb). ____ Send the agreement to VLNb. ____ Review case filec. ____ Fill out and submit FOIA Form G-639 & USCIS Form G-28 with USCISif your client has any previous contact with immigration authorities.5. ____ Review and calendar all filing deadlinesa. The asylum application must be filed within one year of a person’s entryinto the United States.C. Maintaining Regular Contact With Your Client1. ____ Contact your client regularly (monthly) to develop trust and to keepupdated as to where your client lives.2. ____ Schedule regular, standing meetings to prepare for hearing. Make certainto allow sufficient time to work with your client to build trust, learn your client’sfull story and develop evidence.D. When Your Client Moves1. ____ File a change of address form with USCIS within 10 days of moving.a. ____ Use Form AR-11E. If Your Client Has Experienced Trauma1. ____ Refer your client to the Center for Victims of Torture (“CVT”) if not alreadythere2. ____ Arrange to get an evaluation and expert testimony with a physician.a. The Advocates can assist you with this.3. ____ If your client is already a CVT clienta. ____ Have your client sign a release form

. ____ Contact your client’s social worker/therapistPRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESF. Filing Your Clients Asylum Application1. ____ File Form I-589 and G-28 with the original and two copies of the applicationto the Nebraska Service Center.a. An I-589 must be filed with the Asylum Office within one year of yourclient’s arrival in the United States.2. ____ 2 photos3. ____ Include an affidavit from the client and any other supportingdocumentation. Make sure to send original documents along with two copies ofthe original.4. ____ All non-English documents must be translated into English and notarizedalong with a certificate that the translation is accurate.5. ____ Submit a legal brief if neededG. If Your Client Qualifies to Receive an Employment Authorization Document (“EAD”)1. ____ File Form I-765a. If your client’s asylum application has been pending for more than 180days, he/she is eligible to receive work authorization. The initial EAD maybe filed 150 days after immigration receives the asylum application.Renewal applications should be filed no later than 90 days before the EADexpires.H. When Your Client Has an Asylum Interview1. ____ Receive an interview date from the Chicago Asylum Office2. ____ Prepare your client for the interview3. ____ Arrange for an interpreter if needed and prepare the interview with theinterpreter4. ____ Attend the interview with your client. Be prepared to take copious notesand to make a short closing statement at the end of the interview.5. ____ Additional documents, in duplicate, may be presented at the interviewI. If the Asylum Office Grants Your Client Asylum1. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.2. ____ If you wish to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.a. ____ Help your client apply for his/her immediate relatives using theForm I-730.1). Your client must file the I-730 within 2 years of his/hergrant of asylum.b. ____ Help your client apply for a travel document using Form I-131.1). Advise client that if he/she returns to the country he/shewas fleeing, that immigration may terminate the asylumgrant.c. ____ Assist your client in applying for his/her permanent resident statuswith Form I-485.1). Your client may file for permanent resident status one

PRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESyear after being granted asylum.3. ____ If you will not continue to represent your client, please refer tosection Q below and close the case.J. If Your Client Receives a Notice of Intent to Deny1. ____ Submit a written response to the Notice of Intent to Deny (“NOID”) by theasylum office’s deadline. Please note that NOID’s generally issue only if yourclient is “in status” with a valid non-immigrant status, such as a visitor or studentvisa.K. If the Asylum Office “Refers” Your Client to the Immigration Court1. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.2. ____ If you agree to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.a. ____ Obtain a current copy of the Immigration Court Practice Manual.b. ____ You Do Not Need to File an Additional Asylum Application.3. ____ Review your client’s filea. ____ File a FOIA request using forms G-639 and G-28 with USCIS.b. ____ Arrange to review your client’s record of proceedings (ROP) bycalling the clerk of court at (612) 725-37654. ____ Prepare additional documents and witnesses for yourclient’s hearing5. ____ Prepare your client to testify in court. Review with the client theimmigration process and what he/she should expect to occur at thehearing.6. ____ Prepare the G-325A form to file with OCC and make a copy to file with theimmigration court.7. ____ Review all available evidence. Turn over original documents to the courtaccording to the court’s schedule. Refer to the Local Operating Procedures forinstructions on preparing a “Redline” I-589 to update the information on the formfor court.8. ____ If you close the file, please refer to section Q below.L. Master Calendar Hearings1. ____ Receive a Notice of Hearing from the immigration court2. ____ Preparing your client for his/her hearinga. Review the Notice to Appear (“NTA”) document with your client.b. ____ Complete Form G-325A and submit the original to the OCC. Youwill also need to submit a copy of this form along with a certificate ofservice to the immigration court.3. ____ Appear with your client at all scheduled hearings.a. Plead to the allegations and charges on the NTAb. Request appropriate relief from removal for your client, such as asylum,withholding of removal, Convention Against Torture and voluntarydeparture.c. Get a court date for the individual hearing

PRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESM. Individual Hearings1. ____ Prepare your client for the hearing.2. ____ Complete a “red line” version of your client’s previously submitted I-589 tothe court incompliance with the Local Operating Procedures, usually ten daysbefore the individual hearing.3. ____ Meet regularly with your client before 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 for Your Client,Appeal the Case to Federal Court1. ____ Submit a Petition for 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 Case1. ____ Notify The Advocates that you are closing the case.2. ____ Write a closing letter to your client.3. ____ Fill out The Advocates’ closing form.4. ____ If you used the VLN retainer, complete the VLN case closing form 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.