Case Rounds: Notes from 7/15/2025
Introduction
Weekly Legal & Advocacy Collaboration Session
These weekly meetings are designed to support cross-organizational collaboration, build shared legal knowledge, and strengthen collective advocacy efforts.
Format and Participation Guidelines:
Participation is open to legal and advocacy professionals.
Speaking order is based on arrival time unless you indicate a time constraint and need to speak early.
Everyone shares once before anyone shares twice. Please begin by offering a question, update, or insight, and engage with responses from others.
Before speaking, please introduce yourself and the organization or role you represent.
No client-specific discussion. We do not provide individual legal advice or discuss identifiable case details. All conversation is general and practice-based.
Not open to DHS or DOJ (including DVT) personnel or affiliates.
This is a confidential, collaborative space for mutual learning, skill-building, and issue-spotting across Vermont’s immigration legal and advocacy ecosystem.
AI Note-Taking & Information Sharing
We use AI-assisted tools (Microsoft Copilot) to generate anonymized summaries of key insights and systemic trends.
No personal or client information is recorded.
Notes are securely stored and shared with participants upon request.
The goal is to reduce redundancy, track evolving best practices, and ensure access for colleagues who cannot attend in real time.
Please let us know if you prefer your contributions not be summarized in shared notes.
Highlights
Key Notes & Takeaways
AALV referral of Somali client’s case: Entered US in 2017, adjusted in 2019, had naturalization interview in 2022, but decision delayed. In May 2025, received Notice of Intent to Deny (NOID) for alleged material support to an undesignated terrorist group in Somalia (payments made to get medical supplies through roadblocks). No response to NOID within 30 days, so no contest. No waivers or exemptions available. Client called for second N-400 interview; risk of NTA and detention discussed. VAAP advised on safety planning, possible habeas preparation, and pro bono support if detained. Explored possibility of 209(c) humanitarian waiver but determined it’s not available post-adjustment. Discussed potential for appeal to AAO and need to check deadlines. VAAP offered to help connect with pro bono partners for further support and requested case documents.
VAAP Pro Bono supports: Questions about supporting pro bono attorneys, especially regarding retainer agreements, boundaries, and expectations. VAAP clarified that malpractice insurance coverage depends on whether the case is a VAAP case with a retainer. Pro Bonos can use VAAP resources for their own cases but should clarify boundaries and expectations. VAAP is developing tailored practice agreements for pro bono partnerships.
Asylum witness declarations: VAAP explained that evidentiary standards are flexible in immigration court. Gold standard is a notarized, wet-ink signature with ID and chain of custody, but any legible, signed statement is acceptable. The more authentic and detailed, the more persuasive.
Court scheduling orders: VAAP described new immigration court scheduling orders requiring detailed pleadings and evidence. Even if information is already submitted, VAAP recommends responding to orders to avoid issues. Provided a template for responding, including referencing previously submitted evidence and confirming interpreter/time needs.
Derivative children in asylum/removal: VAAP discussed when to file separate I-589s for children, especially if the child has their own claim or if the parent’s case is weak. Ethical duties may require advancing the child’s best interest. If time-barred, withholding of removal is still available. VAAP noted that special protections for unaccompanied minors do not apply if the child entered with a parent. Discussed SIJ (Special Immigrant Juvenile) status and state court processes, including parentage and guardianship, and clarified that these do not terminate parental rights.
Standby guardianship: VAAP referred to Vermont Legal Aid and New Hampshire Legal Assistance for technical assistance and pro bono coordination. VAAP offered to connect interested parties with leads at those organizations.
Community support and risk: VAAP addressed concerns from community groups about driving asylum seekers, risk of ICE detention for US citizen drivers, and the legal landscape. Stressed that criminal detention for drivers would be extraordinary and likely national news. ICE policy changes on detention and bond were discussed; VAAP noted that policy memos do not override judicial review and that bond is still being granted in practice, though “recent arrival” is being interpreted more broadly.
New fees: VAAP noted upcoming changes to asylum and work authorization fees, including annual renewal requirements. Advised clients to budget for these fees and to expect more guidance as rules are finalized.
TPS (Temporary Protected Status) ending for Afghanistan: VAAP explained that loss of TPS is legally similar to parole revocation. Advised that those losing TPS should apply for asylum or other permanent status to avoid gaps in work authorization. Unauthorized work can negatively affect future discretionary immigration benefits, but does not affect asylum eligibility.
Asylum interview prep: VAAP provided detailed guidance for preparing clients for asylum interviews, including what documents to bring, logistics, and managing stress. Emphasized the importance of truthfulness, especially regarding family members’ locations, and the ethical obligations of attorneys.
Pro Bonos: Expressed gratitude for VAAP’s support and shared resources, and discussed ongoing collaboration and boundaries.
Action items: VAAP to help connect cases needing pro bono support, share templates and resources, clarify practice agreements, and provide introductions for standby guardianship work.
