How an Immigration Appeals Attorney Can Reopen Your Case

Those who have been issued removal orders or face deportation often feel discouraged from reassessing possibilities to remain in the U.S. Losing your immigration court proceeding does not mean that you cannot file a motion. To bring a motion to re-open a case, you must present new facts that were either unknown or inaccessible at the time of your original hearing. This article explains how you can file a motion to re-open within 90 days after a final order of removal, deportation, or exclusion.

The Difference Between A Motion to Reopen and A Motion to Reconsider

A motion to reconsider differs in one distinct way. It is only requested and permitted when an immigrant thinks the immigration judge made a mistake in law or procedure – such as denying one’s constitutional right. If granted, the immigration court reassesses how the case was conducted. Most immigrants find themselves requesting either motion, or both based on their situation.

When to File A Motion to Reopen?

An immigration appeals attorney in LA would recommend filing a motion to reopen when there have been significant changes to your case like new convictions. An immigration lawyer in Los Angeles can help you file a motion to reopen if you are applying for:

• Asylum
• Suspension of deportation
• To withhold removal
• Seeking an adjustment of status
• Ineffective assistance of counsel
• NACARA 203 relief
• CAT protection (relief under the U.N. Convention Against Torture)

Exceptions to The Filing Deadline

With any legal proceeding or application, you should always follow the guidelines presented to you. Although a motion to reopen must be filed within 90 days of a final order, there are a few exceptions:

• “In absentia” order of removal – extends motion to reopen for exceptional circumstances (180 days).
• Joint motion to reopen – if granted the government will notimplement a time limit on your case.
• Asylum seekers, or those withholding removal based on changed country conditions that have yet to be discovered before the hearing, will nothave a time limit.
• Extreme hardship – battered spouses, children, and parents will nothave a time limit. It is normally followed by a cancellation of your removal application.

If you are facing one or more of the unique circumstances mentioned above, you should seek assistance from a deportation appeals attorney in Los Angeles. For instance, “in absentia” removal orders can be difficult to prove without proper evidence and documentation. Special conditions that might grant more time may involve battery, illness, or death of a loved one.

Similarly, immigrants with ineffective counsel must be able to persuade two things to the immigration court: that the lawyer failed to perform, and evidence of his/her performance. The judge also requires anyone that files this motion to show that your legal counsel complied with the procedural requirements of Matter of Lozada – a motion to reopen. Under Lozada, petitioners should:

• Submit an affidavit explaining the agreement with former counsel,
• Present evidence that counsel was informed of the allegations and given time to respond,
• Have evidence that the complaint was filed with the right authorities or a reason why it has not been.

The Government’s Decision to Re-Open Your Case

Government agencies like Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) may agree to file a joint motion to reopen your case under certain circumstances. This does not always occur, but when it does the 90-day limitation is lifted. For example, a non-citizen with evidence of health problems or similar exceptional circumstances would be enough for approval. The more compelling a case is, the government would reopen the case instead of expending time, and resources.

Evidence – It Matters

When you file a motion to reopen, you should sit down with your appeal law attorney in LA to review new, credible evidence that will support the case. It may be in the form of an affidavit or official reports and documentation citing new changes in your native country. Whichever the reason, it must be clear in an immigration court that the evidence could not have been discovered or given at the previous hearing.

When you file an appeal, having trusted legal counsel on your side will make a significant difference. As you file a motion, asylum applicants might be able to submit a completed application for relief. Remember to plan effectively, as questions when needed, and disclose information to your lawyer when appealing a closed immigration case in LA.

While the option to file a motion to reopen an immigration case seems promising, there is still a chance that you may get deported while your motion is pending. Keep in mind, approval does not change the status of a deportation or removal order as it did in the past. Those who are petitioning to stay in the U.S. on humanitarian grounds may qualify to have their removal orders temporarily halted. Your immigration attorney can determine whether you qualify for an exception.

Results – What Happens Next?

When the immigration court grants a motion to reopen, the immigrant can present new evidence in hopes that the judge will rule based on what was presented. However, if your motion was denied you may not have a chance to re-apply without assistance.

A Los Angeles immigration appeals attorney can submit your denial of motions to the Board of Immigration Appeals (BIA) for reconsideration, or further submitted to the United States Court of Appeals for the Ninth Circuit. There is a limited time in which you can appeal. Make sure to get legal guidance and advice immediately during this sensitive time. At Grey Law Immigration, we understand how much becoming a naturalized citizen matter to you and how to retrieve the second chance you are looking for!

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our LA immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.