Immigration Court Reopening Applications
Sometimes a person who has received a deportation order from an Immigration Judge may file an Application for Reopening in Immigration Court to overthrow that order and continue to fight his or her case. It is essential to seek representation from an immigration attorney who has knowledge of deportation proceedings.
Applications to Reopen Deportation Orders Issued in Absentia
The immigrant has the right to be notified of both the initiation of removal proceedings and all dates of hearings at which he or she must appear before the Immigration Judge. Occasionally, the immigrant does not receive notice and, not knowing that he or she has been cited, does not appear at the time and date ordered. If the Immigration Judge is not present, a deportation order is issued.
The immigrant can write a letter to the Immigration Judge asking him to reopen the case. Our team of immigration law experts will advise the immigrant on the evidence he or she can present to the Immigration Judge to prove that he or she was not served, as well as the legal arguments that are most effective in these circumstances.
If the immigrant is notified of the date and time of the hearing, but fails to appear due to extraordinary circumstances, he or she has the right send a letter to the Immigration Judge withing 90 days from the date on which the removal order was issued, requesting him to reopen the case and explaining him the extraordinary circumstances beyond his or her control.
Joint applications to reopen
An application to reopen must be sent to the Immigration Judge within 90 days from the date on which the removal order was issued. However, there is at least one exceptional situation in which deportation proceedings can be reopened beyond 90 days: this is a Joint Application to Reopen.
A Joint Application to Reopen should only be filed when the immigrant has a new defense that he or she did not previously have and that he or she wants to present to the Immigration Judge.
It is not an easy task to obtain the approval of an attorney from the Office of the Chief Counsel to reopen the case of an alien who has been ordered deported so we recommend that you do not hesitate to consult with us so that our immigration attorneys can evaluate your case before attempting to file a Joint Motion to Reopen. We will clarify the risks of this option, and can advise you on the best way to present your case.
Requests for reopening made by deported people
It is possible for the Immigration Court to pursue deportation proceedings against an alien without the alien’s knowledge. In these cases, the alien knows for the first time that he or she has a deportation order when Immigration and Customs Enforcement (ICE) agents come to detain him or her for physical deportation.
Immigration law allows an alien to make a motion to reopen even if he or she has been physically deported to his or her country.
Applications for reopening due to new circumstances
When the Immigration Judge has issued a deportation order against an immigrant, the immigrant may ask the Judge to reopen the case within 90 days from the date on which the order was issued in certain circumstances, such as new evidence that is relevant to your petition.
There are special cases where the alien may request reopening of the case beyond 90 days after the deportation order. The immigration attorney will be able to provide more information about these cases.