How You Can Reopen Your Immigration Case to Avoid Deportation

2 minute read

"Receiving a removal order from the Immigration and Customs Enforcement (ICE) or any other federal agency as an immigrant in the US is the worst possible news you could receive. It can be difficult to ascertain how to proceed with such serious legal actions. Knowing certain facts on how to challenge your removal order in a successful way to avoid deportation can work wonders for you."

Written by My Visa Source Team
Published on: Jun 23, 2021

Receiving a removal order from the Immigration and Customs Enforcement (ICE) or any other federal agency as an immigrant in the US is the worst possible news you could receive. It can be difficult to ascertain how to proceed with such serious legal actions. Knowing certain facts on how to challenge your removal order in a successful way to avoid deportation can work wonders for you.

Here’s What You Need to do If You Receive a Removal Order in the US

You must consult with an immigration litigation lawyer as soon as you receive the removal order. This will help you get a reasonable standpoint on filing a motion to reopen your case. To file this motion, you will be required to submit new information and documents that were unavailable at the time the removal order was filed. Your litigation lawyer will help you gather and present the correct information to immigration authorities. A motion to reopen the case can be based on the following grounds:

Changes in personal circumstances
Ineffective legal counsel during the initial hearing
A cover letter detailing the reasons and grounds for your motion to reopen the case
An entry of appearance
The motion itself, listing the legal grounds for reopening including new facts for consideration and a conclusion that outlines the relief that you are requesting
Exhibits, which generally include the copy of your removal order, additional documentation, and evidence of compliance with the legal requirements of the motion
Any fee, if required
A certificate of service

What Is the Process to File a Motion to Reopen?

It is important to file a motion to reopen the case to the right authorities at the right time. If your removal order was issued by the Immigration Courts and no appeal has been filed yet, then the motion to reopen will be filed with the Immigration Court that made the decision. If you have already filed the petition with the Immigration Court to review your case, then your motion to reopen will be filed with the Board of Immigration Appeals in nearly all cases.

This motion must be filed within 90 days of receiving the removal order. If for some extraordinary reason, you were not able to file the motion on time, your case will be reopened only if the principle of equitable tolling can be applied to your case. Equitable tolling will provide you with extra time to file your motion in case you or your family members were unable to discover the grounds for the motion to reopen before the deadline.