Can You Reopen a Closed Immigration Case?

Fighting for your right to stay in the country can take a great deal of effort. If you lose one immigration proceeding, it may feel like the end of your time in America. However, a deportation lawyer in Los Angeles can tell you that this isn’t the case; you might be able to ask the court to reopen your case. An immigration lawyer in Los Angeles will provide you with the legal immigration help Los Angeles you need.

An immigration case can only be reopened if there is a discovery of facts not known at the time of the original hearing. You will be required to state the new facts that you intend to demonstrate if the motion is granted. All such facts must be supported by evidentiary material. 

Your motion to reopen the case must be filed within 90 days of the final administrative order of removal, deportation, or exclusion. An immigration lawyer in Los Angeles is the only one who can provide you with the kind of help you will require during these proceedings.

Common Reasons for Filing a Motion to Reopen

You can file a motion to reopen for any of the following reasons:

  • To suspend your deportation
  • To seek asylum
  • To withhold your removal
  • To seek relief under the U.N. Convention Against Torture
  • For an adjustment of status
  • To seek NACARA 203 Relief
  • Because you received bad legal counsel

Although the standard deadline for filing motions to reopen your case is 90 days from the judge’s final administrative order, exceptions can be made. They include:

  • The government has agreed to file a joint motion to reopen your case
  • You want to apply for asylum or withholding of removal because the conditions in your country have changed in a way that could not have been foreseen
  • A relative who is a U.S. citizen or green card holder has been subjected to extreme cruelty or hardship
  • The government may also request that your case be reopened because they do not want to dedicate the resources to fighting it or they know that facts have emerged that will lead to your request being granted.

    Other Facts to Bear in Mind

    It’s important to be aware of the fact that you can still be deported while your motion is pending. The only way to prevent this from happening is to file for a stay of removal. You can do this by petitioning to stay in the country on humanitarian grounds. You can also get a stay if the removal order was made when you were not present at your immigration hearing.

    It is possible for you to make another appeal if your motion to reopen the case is denied. You will have to make your appeal to the Board of Immigration Appeals (BIA). If the BIA turns you down, you can make an appeal to the United States Court of Appeals for the Ninth Circuit. There is a limited time in which these appeals can be made, so you should contact an immigration lawyer in Los Angeles sooner rather than later.

    If you want to fight your deportation, you need a skilled and experienced professional with a thorough understanding of the complex immigration laws in this country. You should contact law offices of immigration Los Angeles at Alami Law. A lawyer from one of the law offices of immigration Los Angeles can help guide you through the process.

    Leave a Reply