another option is to request a sua sponte reopening in the interests of justice. Pursuant to the regulations, an Immigration Judge and the BIA may entertain a motion to reopen even where the 90-day time limit or the numerical limit (one motion) has been reached, on their own accord.190 Both the IJ and the BIA have this “sua sponte” authority to decide cases and either party can move the court to exercise this power. Relevant information to consider including in a motion to reopen sua sponte includes: 1) The difficulties and lack of remedy for stateless persons in the United States; 2) An explanation for why an individual did not discover that he or she was stateless until after the final order of removal had been issued; 3) A discussion of the circumstances that led to the individual’s statelessness; 4) An analysis of why the country of last habitual residence may be the correct country for considering a protection claim and the ramifications of a lack of information regarding the correct country in the decision below; 5) Background information on the harmful nature of statelessness in other countries and the persecutory nature of denationalization; 6) Evidence of ineffective assistance of counsel that prevented her from raising statelessness earlier. Practice Point In cases of denationalization, factors to consider include: ! If a stateless individual has family remaining in the country of last habitual residence: Consider addressing those family members’ situation and discuss either why their statelessness is different (e.g., the individual was not present in country at the time the laws went into effect) or is similar (e.g., the family members are also stateless due to discriminatory laws, and they are subject to difficulties because of this statelessness). ! If a stateless individual has taken time between the discovery that they are stateless and the filing of the motion to reopen: Consider discussing why he or she has decided to file again at this point, what has happened in the intervening time, what it is like to be stateless in the United States,191 and any efforts the individual has taken to obtain citizenship elsewhere. ! Reasons underlying the individual’s statelessness: Consider explaining in detail and providing country of origin information demonstrating the motivation for the denationalization, particularly highlighting any discriminatory intent. ! Letters of Support: Consider including letters of support from individuals in the country of last habitual residence, which may be valuable evidence to support a claim of discriminatory denationalization, while amicus and advisory opinions can be invaluable to explaining statelessness as both a phenomenon in the country of last habitual residence and in the United States. ! Changed personal circumstance: Consider explaining that the individual has become stateless through no fault of her own. See 8 C.F.R. §1003.2(c)(2); INA §240(c)(6) (ninety (90) day time limit from date of final administrative order). For an in-depth framing of the hardships facing stateless people living in the United States, see CITIZENS OF NOWHERE, supra note 8. 190 191 42