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If you have been ordered removed by an immigration judge, you may have a form of relief that was not available at the time of your proceedings. For example, you may have gotten married, had a child, or become the victim of a crime after your order of removal.
If a form of relief is available to you now that was not available at the time of your removal proceedings, you may be eligible to file a Motion to Reopen your case. Depending on the date of your order of removal, the Motion to Reopen may require approval from the Department of Homeland Security.
Due to the time and numerical limitations on Motions to Reopen, you should seek an experienced immigration team to assist you in these matters. Our experienced immigration team frequently assists individuals in these situations, and would be happy to conduct a free consultation to see if you are eligible.
Who May Request a Motion to Reopen?
U.S. immigration laws are strict regarding who may request a Motion to Reopen. It is important to note, first and foremost, that you may typically only request a Motion to Reopen if there is new evidence and/or evidence that was previously unavailable and undiscoverable. However, other extraneous circumstances may allow you to file a request.
Some examples of when an individual may request a Motion to Reopen include:
- He or she received improper and/or incompetent legal counsel
- The individual has had a criminal conviction newly vacated
- His or her rights were violated, affecting his or her ability to challenge the removal order
- There have been changes in the personal circumstances of the person ordered removed which affect his or her eligibility for relief
- The individual was previously unable to apply for relief due to violations during removal proceedings
- Changes to the law have affected his or her ability to be eligible and/or apply for relief
In most cases, you must file the Motion to Reopen within 90 days of receiving the final removal order. It is crucial that you contact a Palm Harbor deportation and removal attorneys at our firm right away to ensure that your rights are protected.
Contact K. Dean Kantaras, P.A.
Our immigration lawyers understand the challenges you face, and we are here to help. With decades of combined experience and a proven track record of results, our team is prepared to fight tirelessly for you. We are true, time-tested trial lawyers, prepared to advocate for you in the courtroom whenever necessary.