Motion to Reopen in Immigration Court

Motion to Reopen is a special petition filed by immigration lawyer with the immigration court to reopen an old immigration case or deportation order in order to go back to immigration court and apply for immigration case that should make you eligible for green card.

If you had a recent deportation order or deportation order from years ago but never left the U.S. (or came back to the U.S. illegally) and you are now ready to apply for permanent residency in the U.S. based on marriage, employment, NACARA, or another case, its important to talk to immigration lawyer about reopening your immigration case with the immigration court that had ordered you deported.  You may schedule a free consultation with my office to discuss your motion to reopen.

Reasons suitable for filing a motion to reopen in immigration court

A motion to reopen removal proceedings in immigration court may be based on one of several reasons. First, the alien did not receive proper notice of the immigration court proceedings, and s/he was ordered deported in absentia. Second, the individual failed to attend an immigration court hearing due to exceptional circumstances and was ordered deported. Third, the individual was ordered deported after a trial; however, since the deportation order new evidence has become available that warrants new consideration of the alien’s case.

In each of these scenarios it is absolutely crucial to have an experienced and knowledgeable attorney with excellent writing and research skills prepare the Motion to Reopen. In most instances, the alien, who has been ordered deported, is permitted only one motion to reopen; therefore, it is exceedingly important to get it right the first time.

A motion to reopen is necessary when applying for a green card if the applicant was deported in the past

There are many instances when illegal immigrants had deportation order and went to the interview to 300 N Los Angeles immigration service office to get permanent residency in the U.S. and never came back home from the interview because they were arrested by deportation officers inside the building and were deported without a hearing with immigration judge on a previous deportation order.

If these people reopened their case before the interview with the immigration officer, they would have had a chance to fight for residency in the U.S. in the immigration court, but they never bothered to reopen their case and as a result got deported.

Check with immigration court for past deportation order if any application was denied by USCIS in the past

Applications denied by USCIS may result in the issuance of Notice to Appear.  If the Notice to Appear became missing in the mail, a deportation order may be issued against the applicant without the applicant knowing about it.  If you are applying for immigration benefits again after USCIS denied your application in the past, it is highly recommend that you check with immigration court by phone to verify that you do not have a deportation that you do not know about. Applicants with deportation order in the past may be subject to reinstatement of the deportation order and arrest at the USCIS interview. After the arrest, the applicant will not be given a chance to fight the deportation order in immigration court because a deportation order has been issued in the past.

If you know that you have a deportation oder, do not go to any USCIS interview without first consulting with an immigration lawyer.  It is not advisable to attend USCIS interview when you have been deported in the past because most likely you will be arrested and deported without a hearing.

Reopening a deportation order issued in your absence

When an alien fails to attend an immigration court hearing, the immigration judge will order the alien removed. Oftentimes, the alien fails to attend the immigration court hearing because s/he never received the notice of the hearing date. Perhaps the alien changed addresses recently. Maybe US Citizenship and Immigration Services made a mistake and sent the notice to the wrong address.

Either way, if the alien proves that s/he did not receive notice of the hearing in accordance with INA § 239(a)(1) or (2), the case should be reopened. INA 239(a)(1) requires that the Notice to Appear state the time and place at which the immigration court hearing will be held. INA 239(a)(2) states that a written notice of change in time or place of proceedings must be provided to the alien or the alien’s counsel of record via mail or personal service. Oftentimes it is important to review the immigration court file regarding the deportation order before filing the motion to reopen. This will allow the attorney to better understand why the alien did not receive the notice of hearing, and the attorney will be able to prepare a more persuasive motion to reopen.

If the deportation order was entered in absentia, the filing of the motion to reopen stays the execution of the removal order automatically. This means that filing the motion to reopen prevents immigration officers from coming to your house and deporting you. A motion to reopen an in absentia removal order does not require a fee. If the alien did not receive proper notice of the hearing, the motion to reopen may be filed at any time. However, if the motion to reopen is because the alien was unable to attend the hearing due to exceptional circumstances, the motion to reopen must be filed within 180 days of the removal order.

Motions to reopen based on failure to attend due to exceptional circumstances beyond the control of the alien are very specific motions. Generally, the alien must prove that s/he was unable to attend the hearing because s/he was seriously ill, a death in the family occurred or a severe accident occurred while traveling to the immigration court. Other reasons may be sufficient to warrant a reopening, but the reason must not be any less compelling.

Reopening a deportation order based new evidence or facts

Sometimes, after an alien is ordered deported, new facts or new evidence emerges which makes the alien eligible for a form of relief from deportation. In these cases, the motion to reopen must be filed with the Immigration Judge or the Board of Immigration Appeals depending on which has administrative control over the proceedings. The alien must prove to the court that the new evidence sought to be offered is material and was not available and could not have been discovered or presented at the earlier hearing. In these cases, the motion to reopen must be accompanied by the appropriate application for relief.

Immigration attorney can help you reopen a deportation case

In order to reopen your old immigration case after a deportation or removal order, immigration attorneys file Motions to Reopen with the same immigration court where you had your last hearing before immigration judge who ordered you deported.

Motion to Reopen should normally be filed soon after you had your last hearing with the immigration judge, but if you were ordered deported in absentia (when you missed your immigration court hearing) and you have a good excuse why you did not come to immigration court your old case can be reopened even many years after you got your deportation order. Another good reason to reopen your case is if you have some new circumstances with your case or if you were ordered deported because an immigration lawyer who was representing you in your old case or someone else who was helping you with your immigration case made very serious mistakes in your immigration case.

Important case law on the issue of motion to reopen in immigration court

Reyes-Torres v. Holder, Apr. 7, 2011, 9th Cir.
“In this petition for review, we consider whether the Board of Immigration Appeals (“BIA”) has jurisdiction to review a motion to reconsider and reopen filed after a petitioner has been involuntarily removed from the United States. We conclude that it has jurisdiction and we grant the petition for review.”

http://www.ca9.uscourts.gov/datastore/opinions/2011/04/07/08-74452.pdf

Immigration Attorney Assistance with Motion to Reopen in Immigration Court

To retain my office to represent you for the filing of a motion to reopen with immigration judge, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.