REFUGEE AND IMMIGRANT PROGRAM
Instructions - Removal Proceedings

Thank you for taking an asylum case through the Refugee & Immigrant Programs Refugee and Asylum Project of Minnesota Advocates for Human Rights.

We request that you keep us informed of the progress of your case. We would appreciate receiving a copy of the submission (paper and/or computer disk saved in DOS, ASCII or WordPerfect 6.0). Please notify us when you receive a notice of your client's interview. At that time we will check our files to see if we have any updated country information.

Please keep track of the hours you spend on the case and any expenses you or your firm donate in photocopying, postage, etc. We would appreciate it if you would provide us with a summary of the hours worked and expenses paid on an annual basis and at the conclusion of your client's case.

Documents to be submitted to Immigration Judge:

The original and two copies of the following materials should be submitted to the Immigration Judge:

  1. Request for Asylum in the United States (Form I-589) signed by client and attorney. Please note that Form I-589s that are dated May 1, 1998 will be accepted by the INS after July 1, 1998.
  2. Certificate of authenticity of photocopied materials;
  3. Notice of Entry of Appearance as Attorney (Form EOIR-28) [if not previously submitted to the Immigration Judge];
  4. Notice of Entry of Appearance as Attorney (Form G-28). The G-28 form must be signed by the client;
  5. Exhibit List (with short summary about each exhibit) and exhibits. Exhibits should include:

A. Affidavit of client (Exhibit A);

B. Copy of passport (cover to cover), if available;

C. Copy of any U.S. Immigration Records (I-94, etc.);

D. Copy of birth certificate or other identification documents (with translation), if available;

E. Evidence proving family relationship and translations if applicable such as birth certificates for children of client, marriage certificate for spouse of client, or affidavit from at least one person with knowledge of event proving relationship.

F. Supporting documents, including articles, affidavits of witnesses or experts, human rights reports compiled by the State Department, Amnesty International, etc. Be sure to highlight relevant paragraphs.

All materials should be two-hole punched at the top of the page. Exhibits should be tabbed (A, B, C, D, etc.) at the bottom of the page unless the Judge requested otherwise.

Mailing Address for Immigration Judge's Office:

Executive Office for Immigration Review
7850 Metro Parkway, Suite 320
Bloomington, MN 55425
Telephone: 612-854-6374

Note that if you have one of the Chicago judges, you may be required to send correspondence to:

Executive Office for Immigration Review
Veteran's Building, Room 646
536 S. Clark Street
Chicago, IL 60605
Telephone: 312-353-7313

The Executive Office for Immigration Review is a branch of the Department of Justice. It is not part of the INS, which is a separate branch of the Department of Justice.

Documents to be submitted to INS District Counsel (Richard Soli, Terry Louie, Kristen Olmanson, or Annette Towes)

1. Copy of the asylum documents submitted to the Immigration Judge;

2. Two ADIT photos.

Mailing address for INS District Counsel:

Office of District Counsel
P.O. Box 11898
St. Paul, Minnesota 55111
Telephone: 335-2270

If Your Client Moves:

You must send a change of address form to the Judge's office and to the INS.

Freedom of Information Act (FOIA) Requests:

It is advisable to review the INS file on your client as soon as possible. To do so, send the Freedom of Information/Privacy Act Request (Form G-639) and Affidavit of Identity, accompanied by a copy of the G-28, to:

FOIA Officer
Immigration & Naturalization Service
2901 Metro Drive, Suite 100
Bloomington, MN 55425

The request should be accompanied by a cover letter requesting that the file relating to your client's case (including the asylum officers notes if your client had an asylum interview) be made available for your review at the Bloomington INS office. 5 U.S.C. sec. 552, 8 C.F.R. sec. 103.10, and 28 C.F.R. secs. 16.5(c ) and 16.8 require the INS to make a substantive response to the FOIA request within 10 business days of receipt.

Fingerprints:

An asylum applicant can only get their fingerprints at an INS Application Support Center (ASC) with a notice of an appointment from the INS. The ASC for the INS in Bloomington has not opened as of June 1998. Thus, an asylum applicant will receive a notice for an appointment to have their fingerprints taken at the Bloomington INS office from the INS (usually at the Master Calendar Hearing). It is essential that your client shows up for their appointment. The INS has stated that failure to appear for an appointment for fingerprints may result in an ineligibility for asylum and delay eligibility for work authorization.

Photographs:

Photographs can be obtained from the International Institute. They have a branch right in the INS Bloomington office. They can also be obtained at the International Institute Office, 1694 Como Avenue, St. Paul, MN 55404. Telephone: 647-0191

Work Authorization for Removal Cases:

You may not submit a Request for Employment Authorization until 150 days following receipt of your client's Asylum Application by the INS.

It is currently taking the INS 60-90 days to process the Request for Employment Authorization. If your client has not received a decision within 30 days of receipt by the INS of the Request for Employment Authorization, your client should make inquiries at the Bloomington INS office.

Send:
I-765
2 photos
Signature card (signed but no fingerprint)
Documents showing client is in removal proceedings

Send to:
INS
Northern Service Center
P.O. Box 87765
Lincoln, NE 68501-7765

Renewal of work authorization:

Send:
I-765
Fee of $70.00
2 photos
Signature card, signed but no fingerprint
Copy of previous EAD (make sure the copy is legible, especially the expiration date)
Documents showing client is in removal proceedings

Send to: INS address in Lincoln (see above)

If your client has not received a decision within 90 days of receipt by the INS of the Request for Employment Authorization, your client should make inquiries at the Bloomington INS office.

Other useful addresses and telephone numbers:

U.S. Immigration and Naturalization Service
2901 Metro Drive, Suite 100
Bloomington, MN 55425

Information: 854-7754
Hours:
Monday 7:30 a.m. - 4:30 p.m.
Tuesday - Thursday 7:30 a.m. - 3 p.m.
Friday CLOSED

To order INS forms, call 1-800-870-3676. It usually takes two to three weeks to receive the forms.

Immigration Court Information System:

Call 800-898-7180 for information regarding the status of a case. Have your clients A number accessible when you call.

Resources available at the Minnesota Advocates for Human Rights:

Current and back issues of State Department Country Reports, Human Rights Watch Annual Report, Critique of State Department Country Reports, Freedom House Annual Report and Amnesty International Annual Report.

We try to maintain files on every country, although we have more current information on some countries than on others. We also have United Nations reports on various topics.


For more information, contact

Minnesota Advocates for Human Rights
310 Fourth Avenue South
Suite 1000
Minneapolis, MN 55415-1012.
Tel: 612-341-3302, Fax: 612-341-2971

E-mail: [email protected]