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An individual may file a motion to reopen a deportation case in order to introduce additional evidence, to document a change in the applicant’s circumstances, or to provide newly discovered facts that were unavailable during his/her original removal proceedings in immigration court.
Do keep in mind that a motion to reopen a certain case in an immigration court needs to be based on ‘new’ facts that weren’t available or didn’t exist at the time of the earlier court hearing.
The motion should be filed with the immigration judge who originally issued the removal order. This motion must be filed within 90 days of the order. There are, however, some exceptions; such exceptions are applicable in the case of immigrants whose (removal, deportation, or exclusion) orders were issued by immigration judges at a time when they weren’t able to attend the hearing or were in custody. If you or a loved one has been issued a removal order ‘in absentia,’ speak to a caring and experienced immigration attorney specializing in motion to reopen immediately for legal counsel.
In either case, you need to act quickly and decisively once the administrative order of removal or deportation has been issued.
Interested in finding out how to delay and avoid deportation? When a Phoenix deportation defense attorney at Maria Jones Law Firm files a motion to reopen the case for you, an automatic stay of deportation will be granted and will remain in effect until the court makes a final disposition of the motion. We recommend moving quickly to talk to one of our caring and experienced professionals about your case and what approach is best to protect you from removal.
Motion to Reopen an In-Absentia Removal Order
Were you unable to appear for your immigration court hearing due to some reason? If you were served a proper Notice to Appear (NTA) at your first immigration court hearing, but failed to appear for some reason, the judge has the power to enter an order to have you removed (deported) In Absentia.
Yes, even if you do not personally appear for your removal or deportation hearing, the hearing will still continue without you. In this case, the judge will issue an In Absentia order.
Keep in mind that such an order has the full consequence of a removal or deportation order that would have been issued if you did appear in the hearing and lost the case.
But, even such removal/deportation orders may be reversed in certain circumstances. An attorney who has practiced immigration law and ensured reversals for clients in such cases can certainly be of great help in such cases. This is exactly what we offer at Maria Jones Law Firm. Our Phoenix removal defense lawyers have successfully pursued many such cases.
If you did not receive proper notice to appear at your original hearing, then we can present a well-reasoned and succinctly written motion on your behalf to reopen the case and have the judge rescind the In Absentia Order. In this case, there may be no limitation on time restriction for the motion to reopen.
An In Absentia Order may also be rescinded if we can demonstrate to the judge that you were in state or federal custody at the time of your hearing, or because of exceptional circumstances, such as the death or serious illness of a family member.
At Maria Jones Law Firm, we know that each case involving removal, deportation or exclusion is unique. So, it’s important to discuss the specific details of your case with an experienced legal hawk as early as possible.
You can contact us anytime to schedule an initial consultation. Our Phoenix immigration attorneys with significant trial experience in applying for motion to reopen will patiently review your case and advise you on what you should do next.
Legal Grounds to File a Motion to Reconsider
A party filing a motion to reconsider must file it within 30 days of the date of entry of the final removal order. Please be aware that if we file this motion for you, it does not suspend or delay the execution of the original removal order.
If we file a motion to reconsider on your behalf, we will seek to correct specific legal or factual errors that we believe occurred during the immigration judge’s prior decision. Our team works round the clock to ensure you get the justice you deserve.
The Judge’s Discretion to Grant or Deny a Motion
The original immigration judge has the discretion to either grant or deny your motion to reconsider or your motion to reopen. This makes it all the more important to have a competent immigration lawyer draft and file your motion, to ensure it contains all applicable information and a compelling reason for the judge to reopen or reconsider your case. You do not want to leave even a minor detail to chance.
We strive to provide the best defense possible for clients facing deportation hearings. Our friendly staff members are here to take your call 24/7 at (602) 603-4032, and we offer our services in English, Spanish, Russian, French, Portuguese, and Haitian Creole.
Contact Maria Jones Law Firm today and after you consult our Phoenix deportation defense lawyers, you can take a call on whether you wish to move forward. We will patiently hear you out and present the merits of numerous options available.
Our Phoenix immigration attorneys are here to help you learn more about motions to reopen as well as the specific options available in your case. You just have to ask!