Motions to Reopen
Chicago Immigration Attorneys – Motions to Reopen your Removal Court Order
If you are placed in deportation proceedings in Chicago or you didn’t show up in immigration court in Chicago for your hearing. You may have a risk of being deported. A Motion to Reopen a deportation case in U.S. immigration is a request filed with the Immigration court such as the immigration court in Chicago to have the case reopened. This is done when an individual did not attend their deportation hearing, or simply not understand why they have to go to Immigration court, or if there are new facts or evidence that were not considered in the original case that could help the individual’s case.
If the motion is granted, then the case will restart and the individual will have another chance to present their case to the judge. However, if it is denied, then the deportation order remains in effect. Therefore, it is important to thoroughly prepare the request and any supporting evidence that can help your case. Additionally, if an individual is eligible for a form of relief from deportation such as asylum or cancellation of removal, then they should also include those forms with their motion to reopen.
At Cipolla law group, we have over 30 years of collective experience fighting for the rights of immigrants. Nominated as top 10 immigration lawyers, we have Excellent Approval and countless 5 star client reviews. If you are undergoing a difficult situation and wish to learn more about removal proceedings and deportation defense, please contact our us for a consultation today. As a multilingual law firm, we speak Spanish, Chinese, French, Italian and Portuguese.
What is Motion to Reopen?
A motion to reopen is a mechanism often used by individuals to reopen their Immigration Court proceedings following the prior rendering of a decision by the judge in their case. Following the issuance of his or her decision, a judge can reopen proceedings on motion and, under some circumstances, can even terminate proceedings in order to allow the alien to pursue an alternative form of relief outside of the court’s jurisdiction and without the threat of deportation pursuant to a previously entered order of removal.
To reopen a case in your local immigration court such as the Chicago immigration court, you will have to file Form EOIR-29 with the immigration court where the individual received the deportation order. The form should include both a brief overview of why the removal proceedings should be reopened and any supporting evidence that can help the individual’s case. Additionally, if you are eligible for a form of relief from deportation like asylum or cancellation of removal, then they should also include those forms with their motion to reopen.
At Cipolla law group, we have over 30 years of collective experience fighting for the rights of immigrants. Nominated as top 10 immigration lawyers, we have Excellent Approval and countless 5 star client reviews. If you are undergoing a difficult situation and wish to learn more about removal proceedings and deportation defense, please contact our us for a consultation today. As a multilingual law firm, we speak Spanish, Chinese, French, Italian and Portuguese.
How to win a Motion to Reopen your Removal Order?
In general, motions to reopen may only be submitted to the Court within ninety (90) days following the finality of the IJ’s decision. However, this ninety (90) day limit can be overcome should the motion sufficiently present either new evidence that became available since the completion of proceedings and/or where extraordinary circumstances preventing the timely filing of the motion to reopen within the ninety (90) day statutory period.
Furthermore, it is often superseding case law, effecting the law supporting a prior decision rendered in a case, that can provide sufficient grounds for overcoming the ninety (90) day statutory period. However, even where there is superseding case law, a motion to reopen must state the new facts that will be proven at a reopened hearing if the motion is granted, and the motion must be supported by affidavits or other evidentiary material.
Lastly, if you have recently become aware of the existence of an order of removal entered against you because of your failure to appear to the Court on the date of your scheduled hearing, a successful motion to reopen will result in the rescission of your order of removal entered in absentia and you will have another opportunity to pursue relief in front of the Immigration Judge.
Call (773) 687-0549 to schedule a consultation about Motions to Reopen your immigration case. Our Chicago Immigration Attorneys have helped over hundreds of immigrants like you to get a fair chance in court and be united with their families in the U.S.
Don’t be deported! Hire an experienced Chicago Immigration Attorney
If you believe one or more of these circumstances apply to you, you may consider consulting with an experienced Chicago immigration attorney to review your case’s history in order to determine whether a motion to reopen is a viable option for you. Having an experienced Chicago Removal Proceeding and Deportation Attorney on your side, will increase your chance of a successful outcome. Contact us today for a consultation so we can review your case and provide you with a honest solution.
Call (773) 687-0549 to schedule a consultation about Motions to Reopen your immigration case. Our Chicago Immigration Attorneys have helped over hundreds of immigrants like you to get a fair chance in court and be united with their families in the U.S.