What to do if you have a final deportation order
Reopening Your Immigration Case
It’s time to fix your status. Learn how below.
WHAT TO DO IF YOU HAVE A FINAL DEPORTATION ORDER
If you have a deportation order that is administratively final; that is, the immigration judge issued an order of removal and you decided to not appeal; or, you appealed but the Board of Immigration Appeals dismissed your appeal, you have a few options to reopen the case.
HOW MANY DAYS HAVE PASSED
If less than 30 days have passed since the order becoming administratively final, you may file a motion to reconsider with the immigration judge or Board of Immigration Appeals to argue that there are errors of fact or law in the prior decision which warrant reopening.
If less than 90 days have passed since the order becoming administratively final, you may file a motion to reopen the proceedings with the Immigration Judge or the Board of Immigration Appeals.
If more than 30 or 90 days have passed since the deportation order becoming administratively final, you may seek that the 30 or 90 day deadlines be “equitably tolled” and that the court accept your motion in spite of the fact that it is being filed outside of the normal 30 or 90 day deadlines.
WHAT’S THE PROCESS FOR REOPENING MY DEPORTATION CASE?
If your case last had a decision by the immigration judge, a motion to reopen would need to be filed with the Immigration Court which had control over the case. If your case last had a decision by the Board of Immigration Appeals, then you’ll file with the Board.
I missed my court hearing. What can I do to reopen my immigration case?
If you missed a court hearing, you most likely have an order of removal in absentia. You may file a motion to rescind the in absentia order at any time if the reason you missed your court hearing was because of a lack of notice of the hearing itself. If you received notice of the hearing but did not attend due to exceptional circumstances, you may file a motion to rescind an order of removal in absentia no later than 180 days after the issuance of the removal order in absentia.
Where does your law firm take cases for motions to reopen?
We are able to take cases for reopening anywhere in the United States. Please contact our office to schedule a consultation with one of our experienced immigration attorneys to go over your options regarding reopening your immigration case.
What happens if my case is not reopened?
If your case is not reopened, then you will be able to file an appeal of the negative decision. If the immigration judge declines to reopen your case, you are able to file an appeal of the negative decision with the Board of Immigration Appeals within 30 days of the decision. If the case last was at the Board of Immigration Appeals and the Board of Immigration Appeals declines to reopen your case, you are able to file a petition for review with the United States Circuit Court of Appeal that has jurisdiction over the matter.
What happens if my case is reopened?
If your case is reopened, then you will receive a notice from the Immigration Court which has control over the case. The notice will inform you of the time and place of your next hearing in reopened proceedings. You will then be able to fight your case in front of an immigration judge in reopened proceedings.
Am I able to reopen my case?
This depends on many factors and circumstances such as the reason why you lost the immigration case in the first place and the amount of time that has passed since the immigration judge issued an order of removal or the Board of Immigration Appeals dismissed your appeal. It is strongly recommended if you are interested in reopening your case to consult with an attorney to review your specific options in your case at hand.
I lost my case before an immigration judge. Do I file a motion to reopen, or an appeal?
It depends on where the case procedurally stands. If less than 30 days have elapsed since you lost your case with the immigration judge and you indicated to the immigration judge that you wished to reserve your right to appeal your case, you have the right to appeal the decision. If more than 30 days have elapsed since you lost your case with the immigration judge and although you reserved appeal and you did not appeal or you did not reserve appeal with the immigration judge, your options are limited to filing a motion to reopen your case. Typically a motion to reopen must be filed no later than 90 days after the day in which you lost your case with the immigration judge.
I lost my case before an immigration judge. Do I file a motion to reopen, or an appeal?
It depends on where the case procedurally stands. If less than 30 days have elapsed since you lost your case with the immigration judge and you indicated to the immigration judge that you wished to reserve your right to appeal your case, you have the right to appeal the decision. If more than 30 days have elapsed since you lost your case with the immigration judge and although you reserved appeal and you did not appeal or you did not reserve appeal with the immigration judge, your options are limited to filing a motion to reopen your case. Typically a motion to reopen must be filed no later than 90 days after the day in which you lost your case with the immigration judge.
