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Motion to Reopen

Counsel From A Proven Miami Immigration Lawyer

When it comes to immigration law, few burdens are as great for a non-citizen as having removal or deportation ordered against them. This means that the USCIS has revoked their legal status in here in America and, once the non-resident is found, they will be forced to leave the country. Fortunately, the non-citizen may still have options to have their case reopened and the action against them reconsidered.

At Sibirsky Law Firm, P.A., our award-winning Miami immigration law attorney knows what is at stake for non-citizens who have an outstanding removal or deportation order. For these individuals, their employment, their connection to loved ones, their entire way of life here in the U.S. may hang in the balance. That is why our firm is committed to providing knowledgeable, hard-hitting counsel in these cases and ensuring that our clients receive every consideration they deserve.

Want to learn more about your motion to reopen options? Call our offices at (305) 381-9797 today.

Winning Legal Advocacy

“Failure To Receive The Charging Document”

If a removal or deportation order has been issued against the non-citizen due to their failure to appear in immigration court (a status known as in absentia), it can be possible to argue that non-citizen was not given proper notice of the court date. This argument is based on sections 239 and 240 of the Immigration and Nationality Act, which state that a motion to rescind a removal order can be filed at any time if the non-citizen can demonstrate that they did not receive proper notice of the court date they failed to appear to.

The Board of Immigration Appeals (BIA) in Matter of Anyelo, 25 I&N Dec. 337, 339 (BIA 2010) affirms this matter, ruling that an immigration judge cannot order the removal of a non-citizen if the non-citizen did not receive the standard statutory warnings (Notice to Appear or Order to Show Cause). If you are a non-citizen that can demonstrate that your in absentia removal order was the result of not receiving notice and warnings about your court date, speak with an immigration attorney immediately.

"Seeking To Overcome The Presumption Of Delivery"

In Matter of Grijalva, 21 I&N Dec. 27 (BIA 1995), The Board of Immigration Appeals held that, in similar circumstances described above, an in absentia removal order against a non-citizen if there was a wrongful "presumption of delivery" of the charging documents. When a charging notice is submitted to a non-citizen through the mail, there is a presumption of delivery. However, if the non-citizen can demonstrate that they still did not receive the notice (by performing due diligence in the document's absence to remedy their situation), a removal order can be rescinded.

Other Motions To Reopen

There are additional grounds to file a motion to reopen, as well. These grounds are backed by precedent and, when thoroughly and compellingly put forth by proper counsel, have shown to be effective in reversing an order of removal or deportation.

Other motions to reopen can involve:

  • Joint motion to reopen, under 8 C.F.R. Section 1003.1(d)(3)(iv)
  • Ineffective assistance of counsel and equitable tolling
  • Exceptional circumstances, under section 240(b)(5)

We're On Your Side

For a closer look at these all of these motions to reopen, visit our blog post on the topic. If you believe that any of the described circumstances apply to your case and you're looking for a capable advocate ready to assert your interests before the court, contact our firm today.

You do not have to face your outstanding removal or deportation order without a Florida Bar Board Certified expert in Immigration & Nationality Law on your side.

Use our online form to request a consultation now.