A motion to reopen is an important statutory mechanism for people who have been ordered removed. It allows these individuals to ask either the immigration judge (IJ) or the BIA to consider the material and previously unavailable evidence and vacate the existing order. As a motion to reopen lawyer NYC, we are committed to assisting individuals through this often complex and pivotal process.
When an IJ or the BIA reopens a case, the existing removal order is vacated. In addition to the general reopening statute at 8 U.S.CThere are two other statutory provisions addressing specific bases for motions to reopen: governing motions to apply for fear-based protection based on changed country conditions and governing special rule motions for qualifying survivors of domestic violence. Our immigration motion to reopen NYC team will dive deep to provide evidence of the attorney’s deficient performance and how it prejudiced your case.
The Supreme Court recognizes that a “motion to reopen is an ‘important safeguard’ intended ‘to ensure a proper and lawful disposition of immigration proceedings.”
Reasons for Filing a Motion to Reopen:
- New Evidence: In case new, material evidence surfaces which was previously unavailable, our motion to reopen lawyer NYC can help you file a motion to reopen. The evidence could range from additional documents, witness statements, to any other proof that augments your claim or indicates a significant change in circumstances.
- Ineffective Assistance of Counsel: If you believe that your previous attorney provided ineffective assistance or made serious errors that affected the outcome of your case, you may have grounds to file a motion to reopen. In such cases, you would need to provide evidence of the attorney’s deficient performance and show how it prejudiced your case.
- Changed Country Conditions: Given there have been significant changes in your home country’s circumstances since your case was decided, such as political unrest or violence, any motion to reopen lawyer NYC would help you file a motion to reopen.
- Administrative Errors: Our expert motion to reopen immigration lawyer NY team can aid you to file a motion to reopen to address administrative errors or procedural irregularities in your case. This could include errors in the application process, improper notice, or failure to consider relevant evidence.
- Lack of Notice: If you can demonstrate that you did not receive proper notice of your immigration proceedings or were not aware of the hearing date, you may be able to file a motion to reopen based on lack of notice. It is important to provide evidence of the lack of notice and show that you were diligent in pursuing your case.
- Humanitarian or Family-Based Reasons: In certain circumstances, humanitarian or family-based considerations may warrant a motion to reopen. This could include situations where the applicant or their family members are facing extreme hardship, medical issues, or other compelling circumstances that were not previously considered.
Filing a motion to reopen is a complex legal process that requires in-depth knowledge of immigration law and procedures. It is highly recommended to work with an experienced immigration attorney who can assess the merits of your case, guide you through the moving process, and advocate for your interests. That’s why you should choose the Law Office of Ghenadie Rusu. At the Law Office of Ghenadie Rusu, our dedicated team of immigration attorneys will ensure that all necessary documents are properly prepared, legal arguments are effectively presented, and procedural requirements are met. We understand the significance of a successful motion in reopening your case and providing you with the opportunity to pursue the relief you deserve. Contact us today to schedule a consultation and discuss your options.