Receiving a notice of removal, also referred to as a notice of deportation, can be devastating to those committed to remaining in the Unites States. If the U.S. Citizenship and Immigration Services (USCIS) decides that you entered the country illegally, or you are in the United States illegally, you may receive a notice of deportation. You may also receive a notice of deportation if your green card or visa is expired, or if you committed a crime.
Whatever the reason, there are ways to fight the notice, and deportation to your home country can sometimes be successfully avoided. Depending on the particular circumstances in your case, there are several mechanisms to challenge, appeal, or otherwise stay a deportation order, including one entered in your absence. If a deportation order was issued and you were not notified or otherwise could not be present to defend yourself, this might be an option.
A Motion to Reopen
Under certain conditions, you may be allowed to file a Motion to Reopen, in which you request the immigration judge in your proceedings to reopen your case and review a deportation order. A court will consider a Motion to Reopen under two circumstances; a Motion to Reopen an Absentia Decision (one made without you being present), and a Motion to Reopen due to Changed Circumstances (as indicated, if there is some significant change in your circumstances not present at the time your deportation was ordered).
A memorandum is filed with the motion explaining to the immigration judge why the case should be reconsidered, and has supporting facts and case law included. Any evidence you may have should also be submitted to the court for review when submitting a Motion to Reopen.
When Might a Court Reopen an Absentia Decision?
If the court ordered your deportation without your presence during the proceedings (you were in absentia), a judge may consider a motion to reopen your case. The grounds for the motion are that you did not take part in your proceedings, rendering you unable to challenge the charges leading to the Order of Removal.
To prevail, you must be able to show the court that you were absent from the original proceedings due to exceptional circumstances, defined as events beyond your control. Exceptional circumstances include if you were subject to battery or extreme cruelty, or your child or parent was subject to battery or extreme cruelty, if you were seriously ill, or if your parent, child, or spouse was seriously ill or died.
You may also file a Motion to Reopen if you can prove you never received notice of your immigration proceedings, or if you had no ability or control over attending your immigration proceedings because you were in federal or state custody at the time. Whether because of battery, death, extreme cruelty, or detention by authorities, any reason for not being able to attend your original immigration proceedings must be compelling, and you must also submit strong evidence in support of your claims.
A Motion to Reopen an Absentia Order must be filed within 180 days of the order. Filing a motions to reopen in absentia order will stay your deportation while the motion is being considered by the court, meaning you do not have to leave while your case is pending.
There are other grounds as well upon which a notice of deportation can be challenged. If you are in Hilton Head or Beaufort, South Carolina area and are facing an Order of Deportation, you need to speak with an experienced immigration attorney. Call or email Workers Compensation Lawyers- today for a free consultation, and let us explore how we can help you fight your notice of deportation
