US Immigration News

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
pack of wooden bunnies trailing behind a lead bunny my visa source
Begin your immigration journey now
Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out.
Free Assessment
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Call Us Now
Recommended For You
Author info:

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. 

Questions About Immigration? My Visa Source Has Answers.
My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe.
Get The Personalized Help That You Need and Deserve!
Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.
US Flag
Latest Articles from Immigration Magazine