Appeals, Reopening, Reconsidering
When you lose your case before the immigration judge or the
immigration service, you have the right to file an appeal Appealing the
decision of an immigration judge will give you additional time to remain
in the U.S. until the Board of Immigration Appeals and/or the federal
court renders its decision in your case.
A motion to reconsider is a way of asking the courts and the service
to look one more time at their decision. A motion to reconsider is made
at the same court or immigration department which made the decision.
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Federal Supreme Court in Washington D.C.
A motion to reopen can be made for the following reasons:
- ineffective assistance of counsel at the first proceeding
- eligibility for a new kind of relief from removal
- post conviction relief from the criminal conviction underlying the
removal proceedings
- new evidence
- changes in the law
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| Example Number One: |
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Mohammad had
lived in the U.S. for 30 years. His wife was here, and his
children had all grown up here. One morning, ICE agents broke
down the door of his house and dragged him to jail in his
underwear accusing him of having been ordered deported 15
years ago. Mohammad was confused because he had never gone
to immigration court before. He filed a motion to reopen his
case, and he was able to prove to the judge that the immigration
service had never properly informed him of the date, time,
and place of his removal hearing. Mohammad was able to apply
for cancellation of removal. |
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| Example Number Two: |
| Maria, like Mohammad, was also arrested because
she never knew about her deportation order. When Maria was originally
ordered removed from the U.S., she was not eligible for any
kind of relief. When her lawyer argued for the reopening of
her case, he argued that her case should be reopened because
she was now eligible for cancellation of removal. She now has
her greencard. |
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