Prior to the Supreme Courts decision in Lopez v. Gonzales, many individuals were ordered removed and/or denied the opportunity to apply for relief based on a now-reversed interpretation of "drug trafficking crime" (INA 101(a)(43)(B)). These individuals may want to seek reconsideration and reopening before the immigration court and BIA, as well as seek judicial remedies.



AILF has prepared sample motions that will help you seek remedies for clients who were ordered removed under INA 240, but whose convictions are not aggravated felonies under Lopez. The samples are available at http://www.ailf.org/lac/clearinghouse_122106_lopezvgonzales.shtml.



If your client is outside of the US, seeking a remedy is more difficult because EOIR regulations bar motions for people who have been deported or departed. We think these regulations may be challenged in the court of appeals. Please contact us at clearinghouse@ailf.org if you are filing a motion to reconsider and reopen on behalf of a person who has been deported/departed.