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BIA Reverses Motion to Reopen Denial

We filed a Motion to Reopen for our client, a native and citizen of Venezuela claiming that she did not receive proper notice of her hearing date and time. She had been ordered deported in absentia in 2009. The Immigration Judge denied our motion, claiming that our client did not properly notify the Miami Immigration Court of her new address, even though she had changed her address with the United States Citizenship and Immigration Services.

We filed a timely appeal of the motion to reopen denial to the Board of Immigration Appeals in Falls Church, Virginia. The Board reversed the Immigration Judge’s decision, reopened our client’s case, and sent the case back to the Miami Immigration Judge for further proceedings. Our client no longer has an order of deportation and can now fight her case in the Miami Immigration Court.