After you receive notice that an order to have you deported has been issued, it is important that you take action quickly if you want to remain in the United States. You have many options, but a motion to reopen your case might be your best bet to overturn the decision. Here is what you need to know about filing a motion.
What Is the Motion to Reopen?
A motion to reopen is a formal request to the court to reopen your case. Once the case is reopened, the court can review the reason for the deportation order and reassess whether or not it should have been issued. Depending on the circumstances that led to the court issuing the order, there is a possibility that the court could overturn its decision.
When Should You Request an Order?
There are three situations in which you should consider requesting that your case be reopened. One of those situations involves the actual proceeding that led to the issuance of the order. If you were not notified of the proceeding or you were unable to attend, you can file a motion for reopen on the grounds that you were not afforded the chance to make the case for why you should be allowed to stay in the country.
For instance, if you were hospitalized and unable to attend, you could submit proof that you were ill and the court could reconsider your case. However, if you do not have a good reason for missing the proceeding, the court might rule against your motion.
Another situation in which you should consider filing a motion is if there was a change that impacts your ability to return to your home country. For instance, if your country is politically unstable now and you fear that returning to the country could be dangerous, you should file a motion to reopen.
A motion to reopen is also possible if you have discovered new evidence that could result in you being eligible to remain in the country. For instance, if you were being deported because you failed to file a green card application, but you have proof to dispute this, you can present the evidence to the court.
Once an order to deport is issued, you are at risk of being removed from the country at any time. To avoid this, contact an immigration attorney, like those at Tesoroni & Leroy, as soon as you can. He or she can help determine if a motion to reopen is the right course of action and help you explore other options.