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Motion to Reopen a Case
Filing a Motion to Reopen a Case in Immigration Court
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. 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.
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
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.
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.
An In Absentia Order may also be rescinded if we can demonstrate to the judge that you were in state or federal custody at the time of your hearing, or because of exceptional circumstances, such as the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.
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.
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.
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.
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