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Pro Bono Mental Health Manual

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Practice Manual for Pro Bono Attorneys Representing Detained Clients with Mental Disabilities in Immigration Court

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This Practice Manual is designed to help attorneys represent aliens who have mental health issues throughout the immigration detention and removal (deportation) process. The inherent complexity of the immigration legal process and stress of detention presents problems to all detained aliens, but especially to those with mental health issues. As this Practice Manual is designed as a practical guide for attorneys to navigate the labyrinthine immigration system, it is not exhaustive. Particularly on specific legal points, we urge practitioners to consult experience immigration attorneys and the supplemental materials referenced throughout the manual.

Appendix 1, INS Detention Standard Medical Care form (September 20, 2000)

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Appendix 2, ICE/DRO Detention Standard Medical Care, December 2, 2008

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Appendix 3, Sample Requests for Medical and Mental Health Records: Letter from G. Pleasants to Columbia Care Center

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Appendix 4, Sample Requests for Medical and Mental Health Records: Letter from G. Pleasants to Columbia Care Center

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Appendix 5, Sample Requests for Medical and Mental Health Records: Letter from G. Pleasants to ICE FOIA Office

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Appendix 6, Sample Requests for Medical and Mental Health Records: Combined Authorization to Disclose Protected Health Information and Other Records

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Appendix 7, Sample Requests for Medical and Mental Health Records: Authorization for Request or Use/Disclosure of Protected Health Information (PHI)

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Appendix 8, INS Healthcare Program Authorization for Disclosure of Information (Form I-813)

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Appendix 9, Division of Immigration Health Services Authorization for Release Confidential Health Information (Form DIHS-003)

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Appendix 10, HIPAA Privacy Authorization Form

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Appendix 11, ICE Detention Standard Detainee Transfer (June 16, 2004)

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Appendix 12, ICE/DRO Detention Standard Transfer of Detainees (December 2, 2008)

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Appendix 13, Example of Petition for Guardianship: Circuit Court City of Portsmouth - Petition for the Appointment of GL as Limited Guardian for PAL

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Appendix 14, Example of Petition for Guardianship: Virginia Circuit Court of Portsmouth - Supplement to Petition for the Appointment of a Limited Guardian for PAL

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Appendix 15, Example of Petition for Guardianship: Virginia Circuit Court City of Portsmouth - Order (Appointing Limited Guardian)

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Appendix 16, Decision of Immigration Judge US DOJ EOIR NY, NY (April 4, 2003) (Competency)

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Appendix 17, Interim Order of the Immigration Judge, US DOJ EOIR, Arlington, VA (April 2, 2008) (Competency)

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Appendix 18, Decision of BIA, Falls Church, VA, re: Houston, TX file (February 18, 2009) (Competency)

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Appendix 19, Decision of BIA, Falls Church, VA, re: Newark file (February 2, 2006) (Competency)

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