NYC Motions to Reopen and Reconsider Attorney
The United States immigration system offers the fortunate opportunity to have an unfavorable decision reopened or reconsidered. The legal options for this avenue are referred to as Motions to Reopen and Reconsider, and the decision to utilize them is a vital one. Never should the filing of a Motion to Reopen or a Motion to Reconsider be a thoughtless course of action.
Attorney Machado has reunited countless families through these avenues when disaster seemed imminent due to an unfavorable decision. Do not delay if it is in your best interest (and it often is) to file a Motion to Reopen/Reconsider. Let us fight for you!
Immigration Attorney Patricia M. Machado is here to guide you through the motions and the extensive evidence and legal arguments required by them. Let Attorney.
Contact our NYC motions to reopen attorney today to discuss your case!
What Is a Motion to Reopen/Reconsider?
The two legal avenues are not to be confused. Motions to Reopen are filed in order to have a prior decision rescinded, canceled, set aside, or made void. The result of filing a Motion to Reopen is that the prior removal or deportation order is rendered invalid, and other legal immigration processes or reliefs become more easily available. In sum, a Motion to Reopen means ANOTHER CHANCE at pursuing legal relief.
A Motion to Reconsider is filed with the idea of having an unfavorable decision reviewed. It asks the appropriate court or body to review the legality of the decision and to address other significant errors of the law in ruling correctly and differently. In sum, a Motion to Reconsider seeks to remove technical legal errors from the decision that was made. Furthermore, motions are usually filed in order to present newer legal arguments or to point out to the court, tribunal, or officer, significant facts that were unknown or unavailable at the time of the unfavorable decision.
How to File a Motion to Reopen a Deportation Order or a Removal Order
In general, immigrants who have received a final decision of removal or deportation, and have exited the U.S. for any reason may be able to file an application to reopen their prior case. Given the complexity of this process and the vital, time-sensitive nature of it, it is of utmost importance that a seasoned immigration attorney is contacted in the most efficient and prompt manner possible.
A Motion to Reopen must be filed: with 90 days of the final order and before you were ordered removed or deported if the Board (BIA) of Immigration Appeals made the decision. Meanwhile, if the Immigration Judge found you removable or deportable, the Motion must be filed directly with the Immigration Court. This must be done in person, through delivery service, or by mail (or electronically, if you were serving a sentence of less than one year for a conviction of a crime). Additionally, an appeal with the BIA is another option if a Motion to Reopen is not in order. Should a court find it in their interest, they can reopen or reconsider a removal/deportation order on their own.
An essential prerequisite to filing a Motion to Reopen or Reconsider is that applicants be supportive of their claims to immigration benefits. This effectively means that you cannot just file an Motion and ask that it be granted based on whether or not the judge or court wants to. Filing a motion improperly costs you a valuable opportunity in immigration court. Because one can expect the U.S. Government to fight against reopening a case, it is all too essential that you are well-prepared and able to establish eligibility for it.
Contact our NYC motions to reopen attorney today to discuss your case!
Circumstances for Reopening a Deportation Order or a Removal Order
Inability to Appear at the Removal/Deportation Hearing – If you do not attend your removal or deportation hearing due to exceptional circumstances, you may apply to reopen your case. Rescheduling is provided to individuals who can demonstrate that they were unable to attend due to serious problems based on inability to pay as well as other issues such as inadequacy of notice, illness, accident, or your representative’s conduct. If you are not in the country after having entered without inspection and you are unable to attend your removal or deportation hearing simply due to lack of proper notice, you may also be eligible to present evidence in your case even if you have not yet been ordered removed or deported. A reopened case on these grounds must prove merits as well as relief from removal or deportation and the right to relief.
Lack of Proper Notice
If you did not receive proper notice of your removal or deportation hearing, this can serve as a basis for reopening your case. For example, if you were not given the date, time, or location of your hearing with sufficient advance notice, you may be eligible to file a Motion to Reopen. Proper notice is required under U.S. immigration law, and if a lack of notice can be demonstrated, this may allow your case to be revisited. This is especially significant for individuals who were deported or ordered removed without their knowledge of the hearing.
New Evidence
If new evidence or information that was previously unavailable at the time of your initial hearing has come to light, it could strengthen your case for a Motion to Reopen. This evidence must be substantial and relevant, demonstrating that it could potentially alter the outcome of the decision if it had been presented earlier. Examples of new evidence include changed country conditions or newly discovered documentation supporting your case. Attorney Patricia M. Machado can assist you in gathering, organizing, and presenting this evidence effectively.
Changes in Country Conditions
If conditions in your home country have worsened since your initial removal order, you may be eligible for a Motion to Reopen based on changed country conditions. This is particularly relevant for asylum seekers who fear returning to their country due to persecution, violence, or other humanitarian concerns. To support a Motion to Reopen on these grounds, you must provide credible documentation or expert testimony demonstrating that the current conditions pose a direct threat to your safety if you were to return.
Ineffective Assistance of Counsel
If your previous legal representation failed to provide competent assistance, this could form the basis of a Motion to Reopen. Ineffective assistance could include errors in filing, failure to submit critical evidence, or neglecting to inform you of important hearing dates. To succeed on these grounds, you must follow specific procedural steps, such as filing a complaint with the appropriate authorities and providing evidence of your attorney’s negligence.
Filing a Motion to Reconsider: When Legal Errors Affect Your Case
A Motion to Reconsider may be filed if you believe that there were significant legal errors made in your case. This motion does not introduce new evidence but instead argues that the initial decision was legally flawed based on the facts and evidence already in the record. Grounds for a Motion to Reconsider include:
- Misapplication of legal standards or immigration laws.
- Incorrect interpretation of statutes that apply to your case.
- Failure to consider material evidence that was initially submitted.
Attorney Patricia M. Machado will thoroughly review your case to identify any legal missteps that may have influenced your decision. By crafting a compelling legal argument, we aim to demonstrate that an error occurred, warranting a new review and potential overturning of the initial decision.
Why Work with Attorney Patricia M. Machado?
With extensive experience handling complex immigration cases, Attorney Patricia M. Machado is committed to providing strategic, compassionate representation for individuals facing removal or deportation. Her approach involves a meticulous review of your case, identifying all potential avenues for relief, and guiding you through the rigorous motions process to increase your chances of a successful outcome.
If you or a loved one is facing an unfavorable immigration decision, contact our NYC Motions to Reopen and Reconsider attorney today for personalized assistance. We are here to stand by you, advocate on your behalf, and work tirelessly to help you secure your future in the United States. Call us at [insert contact info] to schedule a consultation.
Contact our NYC motions to reopen attorney today to discuss your case!