Motion to Reopen In Absentia Approval for Nigerian Client in New York

CASE: Motion to Reopen

CLIENT: Nigerian

COURT LOCATION: Baltimore, Maryland

RESIDENCE: Brooklyn, NY

Our client was a legal entry overstay, married to his U.S. Citizen wife. Prior to retaining our firm, he went to his I-130 and adjustment of status interview only to find out that he had a final order many years ago. He did not know about it. He was told by the officer that he had to reopen his case. We met the client at our New York office and he retained us on August 2010 for the Motion to Reopen.

If you do not go to your scheduled hearing with the Immigration Court, regardless of the reason, you will on that day have an in absentia order of removal. Once this is triggered, you are susceptible to being detained and subsequently deported by the Department of Homeland Security (DHS).

A lot of people have different reasons for not going to Court. Some did not know what to do. Some did not know the repercussions of not going to Court and did not go. Some were sick or got into an accident earlier that day. Some did not receive notice of the hearing and did not know about it.

To rescind the final order, one has to get his case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. When you have an in absentia order of removal and a Motion to Reopen based on lack of notice is filed on your behalf, your deportation is also stayed. This means that while this motion is pending, the DHS cannot deport you.

Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive proper notice of the hearing. If the Notice to Appear was sent to the wrong address for example, and not the last address you provided to the immigration service, then there’s a good basis for a Motion to Reopen.

On August 31, 2010, our office filed the Motion to Reopen with the Baltimore Immigration Court. Documentation of his address at the date of the final order, a detailed 4-page affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted. The Department of Homeland Security did not file an opposition or response to our Motion. On November 8, 2010, our office called the Court to follow up and we were informed that the Motion was granted. Our client now does not have the final order of removal and may seek relief with the Immigration Court, or seek termination of proceedings for CIS adjudication of his green card.

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Tagged as: new york, Nigeria