Facing deportation can be an incredibly stressful and uncertain time for immigrants. One potential lifeline in this situation is filing a Motion to Reopen. This legal action can provide a second chance to present your case and avoid removal from the country. Below, our deportation lawyers at K. Dean Kantaras, P.A. will explore what a Motion to Reopen is, who can file it, and the steps you need to take to make your motion successful.
What Is a Motion to Reopen?
A Motion to Reopen is a request submitted to the immigration court to review a case that has already been decided. This motion is typically filed after a deportation order has been issued, and it allows you to present new evidence or arguments that were not available during the original proceedings. The goal is to persuade the court to reconsider its decision, potentially leading to a different outcome.
Who Can File a Motion to Reopen?
To file a Motion to Reopen, you must meet certain eligibility criteria:
- New Evidence: You must have new and previously unavailable evidence that could significantly impact the outcome of your case.
- Legal Grounds: You must have legal grounds for reopening the case, such as errors in the application of the law, changes in the law, or newly discovered evidence.
- Timeliness: Typically, you must file the motion within 90 days of the final removal order. However, there are exceptions for certain situations, such as cases involving asylum seekers or issues of ineffective assistance of counsel.
Steps to File a Motion to Reopen
Filing a Motion to Reopen involves several crucial steps:
- Gather Evidence: Collect all new evidence that supports your case. This might include new documentation, witness statements, or any other relevant information that was not presented during the initial hearing.
- Complete Necessary Forms: Fill out the required forms accurately. The primary form for a Motion to Reopen is the EOIR-29. Make sure all information is complete and correct to avoid any delays.
- Prepare a Written Statement: Write a detailed statement explaining why the case should be reopened. Outline the new evidence or legal arguments and how they could affect the outcome.
- Submit Your Motion: File your motion with the appropriate immigration court or the Board of Immigration Appeals (BIA), depending on where your case was originally heard. Include all forms, evidence, and your written statement.
- Pay the Filing Fee: There is usually a filing fee associated with submitting a Motion to Reopen. Ensure you pay this fee promptly to avoid any complications.
Tips for a Successful Motion
To increase the likelihood of your Motion to Reopen being granted, consider the following tips:
- Consult with an Immigration Attorney: An experienced immigration lawyer can provide valuable guidance and help you build a strong case.
- Be Thorough and Detailed: Ensure all new evidence is well-documented and clearly explained. The more compelling your presentation, the better your chances of success.
- Act Quickly: Time is of the essence. File your motion as soon as possible to meet all deadlines.
- Follow Up: Stay in contact with the court or your attorney to monitor the status of your motion and address any issues that may arise.
The Impact of a Motion to Reopen
If your Motion to Reopen is granted, the court will reconsider your case in light of the new evidence or arguments presented. This can lead to several potential outcomes:
- Stay of Removal: The deportation process may be temporarily halted while the court reviews your case.
- New Hearing: You may be granted a new hearing to present your case.
- Adjustment of Status: Depending on the specifics of your case, you may have the opportunity to adjust your immigration status, allowing you to stay in the country legally.
Need Help Filing a Motion to Reopen? Discuss Your Situation with Our Deportation Attorneys Today.
Filing a Motion to Reopen can be a crucial step in avoiding deportation and securing your future in the country. For further assistance, consider reaching out to our experienced deportation lawyers at K. Dean Kantaras, P.A..
To schedule a consultation with our legal team, call (727) 939-6113 or contact us online today.