Practice Advisory: Post-Departure Motions to Reopen and Reconsider

Individuals seeking to reopen their immigration proceedings after departing or being removed from the United States face significant hurdles, including the potential application of the regulatory post-departure bar.

This updated practice advisory provides information on the legal issues surrounding post-departure motions to reopen or reconsider. This update includes a summary of recent positive developments regarding the applicability of the post-departure bar in the context of sua sponte reopening.

This resource builds on and updates a practice advisory previously issued in 2019 by the Catholic Legal Immigration Network (CLINIC) and the Center for Human Rights and International Justice at Boston College.