If you’ve been issued an order of deportation or removal because you lost in Immigration Court or weren’t able to show up for your hearing due to extreme circumstances, you may be eligible to reopen the removal proceedings. This allows you the chance of getting another day in court.

What is a Motion to Reopen?

You and your lawyer can ask the Immigration Court to reopen a removal or deportation order through a motion to reopen. If approved, the court will give you a new trial to take facts and evidence into consideration that weren’t previously presented in your failed trial.

What to Think About Before Filing a Motion to Reopen

Deportation isn’t what anyone wants, but make sure you’re using a motion as a means to an actual end. If you don’t have a chance of winning, you’re just paying for an expensive stalling technique. When you file a motion to reopen, you should be reasonably sure that it will lead to permanent residency. Otherwise, it’s a waste of both your money and your time.

What Your Alternatives Are

Depending on the basis of your case, there are other remedies for post-deportation that could be more appropriate than a motion to reopen. Here are a few examples:

• Motion to Reconsider – The difference between a motion to reopen and a motion to reconsider is the factual circumstances you’re leaning on. With a motion to reconsider, you want the court to change its mind based on overlooked evidence or errors in law already presented at your previous trial date. With a motion to reopen, you’re asking them to reopen your case based on new facts or changed circumstances that have happened since your case concluded.
• Appeal – If you believe the Immigration Judge misinterpreted or incorrectly applied the law, making a mistake in your case, an appeal may be a better option for you. With an appeal, you’re going above their head to the Board of Immigration Appeals, asking them to reverse the previous judge’s decision based on the error at your trial.

What Our Immigration Firm Can Do for You

Because immigration laws ban you from filing multiple motions to reopen in certain circumstances, it’s important to get it right on the first try. This requires a competent and experienced immigration attorney who can handle this complex legal remedy. Call the Sanchez-Roig Law Firm, P.A. at (305) 373-5385 to review your case and get you back on the road toward a green card.