You have made your home in the United States. You have a job, a family, and attachments to a larger community. You have endeavored to get the documents you need to stay in the country permanently and legally. Unfortunately, this has not happened. And if you have received a deportation order, it can make you feel like giving up all hope. You should not do so. A deportation order is not necessarily the end of your journey toward legal residency. The order can be challenged and appealed. The best way to do so is to hire a Pasadena immigration appeal lawyer.
Filing a Motion to Reopen an Immirgation Case
A Pasadena immigration appeal lawyer will present you with a range of options to contest and appeal the deportation order. Asking the immigration judge presiding over your case to reopen it is one option. This is done through a Motion to Reopen. Your immigration appeal attorney Pasadena will write a brief that explains why you believe your case should be reconsidered. The motion will need to be supported by new facts and evidence that the court may be unaware of. Such a motion can also be filed if you do not believe you were fairly treated.
There are only two instances in which an immigration judge will consider a Motion to Reopen: if your circumstances are changed or you received a deportation order in absentia.
If you received a deportation order in absentia, you can ask the court to reopen your case on the grounds that you did not take part in the proceedings against you and could not challenge the reasons given to remove you. You must be able to demonstrate that you could not be at the proceedings because of exceptional circumstances. The following are the kinds of circumstances recognized by the court:
- -You were seriously ill
- -You suffered the death of a spouse, child, or parent
- -You are the victim of battery or cruelty
Your immigration appeal attorney Pasadena will have 180 days from the time of the deportation order to file a motion based on these grounds.
Your lawyer for immigration appeals in Pasadena can also file a motion based on the discovery of important new evidence. For example, you may learn that conditions in your home country have changed in a way that will put your life in danger if you return. Your lawyer for immigration appeals in Pasadena will have 90 days from the date of the deportation order to file a motion based on these grounds.
If all your appeals are rejected, you should abide by the law and follow the deportation order. But until then, you can fight. If you want an immigration lawyer to appeal immigration case, then you must be willing to tell them everything about your life and your circumstances in America and in your home country. If you want an immigration lawyer to appeal immigration case, you must give them the time they need to gather the right evidence and develop the right arguments.