This page answers many of the most common questions that non-citizens in removal proceedings and their legal representatives may have regarding RFP. In practice, the RFP allows OPLA lawyers to decide which cases to focus their limited resources on and how to proceed on a case-by-case basis, taking into account the facts and applicable law, including, for example, accepting dismissal or administrative closure or making arrangements on legal or factual issues, and release, bail and continuation. RFP is an inherent authority of a law enforcement agency and does not create a right for non-citizens. Low-income taxpayer clinics (LITCs) are independent of the IRS and may be able to help. They represent eligible taxpayers before the IRS and in court. To find a clinic near you, use the Taxpayer Advocacy Services Locator, see Publication 4134, List of Clinics for Low-Income Taxpayers PDF, or call 800-829-3676. OPLA will generally not accept administrative cessation or termination of deportation proceedings if there is no recent criminal record review. If DHS does not have records of your biometrics or fingerprints, OPLA may notify you or your legal guardian and ask you to file a fingerprint-based background check with the Federal Bureau of Investigations (FBI) before a final decision can be made in your case. If DHS has a biometric or fingerprint record, OPLA probably won`t insist that you file a background check based on FBI fingerprints. However, filing an FBI fingerprint-based background check with an RFP request can facilitate a quicker final decision, even for individuals whose biometrics have already been captured by DHS. RFP is the long-standing authority of a law enforcement agency and an indispensable feature of any functional legal system that can be used to obtain limited state resources necessary to achieve fair and equitable outcomes in individual cases.
As DHS`s sole representative in immigration deportation proceedings before the U.S. Department of Justice`s Executive Office for Immigration Review (EOIR), OPLA attorneys have inherent authority to exercise RFP on a case-by-case basis in the handling and litigation of deportation cases. OPLA lawyers will independently assess cases to decide whether RFP should be exercised, which may include unilateral or administrative closure of cases; agreement on provisions on matters such as facilitation, borrowing or extension; waiver of appeal; or to attach requests for a new trial. You (or your legal representative) may also submit RFP requests to OPLA. However, if you wish to apply for PD, you (or your legal representative) must follow the instructions below. All requests to OPLA to exercise RFP in your case must be submitted as early as possible in the removal process. As described above, there is no payment to ask OPLA to review your RFP application, and you do not need to have the lawyer to file an RFP application directly from OPLA. However, you have the option to contact a legal representative you have chosen. Although the government does not provide legal representatives, here is a list of pre-deployments of free or low-cost services.
Como se indicó anteriormente, no se necesita pagar ninguna tarifa para solicitar que OPLA considere su caso para el posible ejercicio de, y no es necesario que tenga un abogado si desea realizar una solicitud de directamente con OPLA. Sin embargo, puede consultar con un representante legal de su elección. Y, aunque el gobierno no brinda representación legal, hay una lista disponible de proveedores de servicios gratuitos o de bajo costo aquí. Below are the email addresses of each OTF that you (or your legal representative) must use when requesting PNR in your case. Some OTFs may prefer to receive RFP applications through the ECI e-service. You (if you are not represented or « pro se ») or your legal representative can register for the ICE electronic service here. If you have any questions about applying for an RFP, please contact your local OTF. As noted above, there is no fee to require OPLA to review your case for this possible practice of RFP, and you do not need to have a lawyer if you wish to file an RFP application directly with OPLA.
