Motions to reopen removal proceedings

Immigration in the United States is a complex process, and sometimes the decisions made at an immigration hearing are not favorable for the applicant. However, if you disagree with the decision, there are still options to remain in the country alongside your loved ones. Motions to reopen removal proceedings in the United States are a crucial tool that can change the course of your case and prevent deportation. Let’s delve into what these motions are, when they can be filed, and how a specialized attorney can help improve your chances of success.

What is a Motion to Reopen a Removal Process?

A motion to reopen a removal process is a formal request submitted to the immigration court to review a closed case. This motion is based on the submission of new evidence or a significant change in circumstances that could affect the outcome of the case. Unlike an appeal, which is based on legal errors made during the trial, a motion to reopen focuses on new information that was unavailable during the original hearing.

Importance of Reopening Deportation Cases

Reopening deportation cases is vital for those facing a removal order. If you have obtained new evidence or if the circumstances of your case have changed, filing a motion to reopen your case can be the key to avoiding deportation and remaining in the United States. This process not only provides a second chance but also allows you to present a stronger and updated case before the court.

When Can I File a Motion to Reopen My Case?

To file a motion to reopen, it is crucial that you have new evidence or a change in the circumstances of your case. Some examples of relevant new evidence include:

• Evidence of family hardships: If deportation would cause significant harm to your family, such as separation from your children or loss of financial support, this evidence can be critical to reopening your case.
• Length of residency in the United States: If you have lived in the country for more than ten years, you can present evidence of your ties and contribution to the community.
• Good moral character: Evidence of your good character, such as participation in community, religious, or volunteer activities, can be relevant to demonstrate that you deserve to remain in the country.
• Employment and property history: If you have maintained stable employment or own property in the United States, this evidence can strengthen your case.
• Rehabilitation: In cases involving a criminal record, evidence of rehabilitation and behavior change can be decisive in reopening your case.

Legal Strategies to Reopen a Deportation Case

The success of a motion to reopen a deportation case largely depends on the legal strategy used. Below are some key strategies that can increase the chances of success:

1. Identification of New Evidence

The first step to reopening a case is identifying and gathering new evidence that was not available during the original hearing. This may include testimonies, legal documents, medical reports, or any other relevant evidence that could influence the court’s decision.

2. Change in Circumstances

If there has been a significant change in your circumstances since the original hearing, such as changes in immigration laws, new family ties in the United States, or changes in your personal or work situation, this can be grounds to reopen your case.

3. Specialized Legal Advice

Having an attorney specialized in immigration is essential to navigate the complex process of filing a motion to reopen a deportation case. An experienced attorney can help you prepare your case, properly file the motion, and argue on your behalf before the court.

How to File Motions to Reopen Removal Proceedings in Immigration Cases?

The process for filing a motion to reopen in immigration cases can be complicated and is subject to strict deadlines. Below is a general description of the process:

Consult with a Specialized Attorney

Before filing a motion, it is vital to consult an experienced immigration attorney specializing in motions to reopen. The attorney will evaluate your case, identify new evidence or changes in circumstances, and advise on the feasibility of filing a motion.

Preparation of the Motion

Once your attorney has identified the necessary evidence and arguments, they will draft the motion. This must include a detailed explanation of why the case should be reopened, accompanied by new evidence or relevant information.

Filing the Motion

The motion must be filed with the corresponding immigration court within the established timeframe, usually 90 days from the date of the final decision in your case. However, there are exceptions and variations depending on the specific situation, so it is crucial to act quickly.

Follow-up and Representation

After filing the motion, your attorney will handle the follow-up process, respond to any additional requests from the court, and represent you in any related hearings or proceedings.

Estimated Time to File and Accept Motions to Reopen Removal Proceedings

The time it can take to file and accept a Motion to Reopen a Case varies depending on several factors. Below are the main stages and the estimated times associated:

Preparation and Filing of the Motion

• Estimated Duration: 1 to 3 months.
• Description: Preparing a Motion to Reopen requires gathering new evidence, relevant documentation, and drafting a solid argument. This process can take between one and three months, depending on the complexity of the case and the availability of the necessary evidence.

Initial Review by the Court or an Agency

• Estimated Duration: 2 to 6 months.
• Description: Once filed, the court or agency will review the motion to ensure it meets legal and procedural requirements. This initial review can take between two and six months, depending on the workload and efficiency of the court or agency involved.

Hearing and Decision

• Estimated Duration: 3 to 12 months.
• Description: In some cases, a hearing may be scheduled to discuss the motion before a decision is made. The duration until the final decision can vary widely, from three months to a year, depending on the complexity of the case and the court or agency’s workload.

Notification of Decision and Possible Remedies

• Estimated Duration: 1 to 2 months.
• Description: After a decision is made, notification will be sent to the parties involved. In the case of an unfavorable decision, it may be possible to appeal or present another type of remedy, which could add additional time to the process.

Conclusion

If you have received an unfavorable outcome in your immigration hearing and believe you have new evidence that could change the course of your case, do not wait. Time is a crucial factor in filing motions to reopen removal proceedings. Our deportation defense attorneys in Dallas are here to help you develop a compelling case to increase your chances of staying in the United States.

Contact our deportation defense attorneys in Texas today! Schedule a consultation and receive the legal advice you need to reopen your case and protect your future in the United States.