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Motion to Reopen Sua Sponte Before the Board of Immigration Appeals

Our client had a conviction from 1996. He was ordered removed from the United States years later in 2002. The conviction was vacated and, therefore, the sole ground for deportation no longer existed. We asked the Office of Chief Counsel in Miami to agree to reopen the case. They refused. We then made a motion directly with the Board of Immigration Appeals which remained pending for many months. We filed another motion asking the Board to consider our initial motion unopposed due to no response from the Government. The Board of Immigration Appeals granted our motion, reopened removal proceedings and terminated proceedings. Our client is now a lawful permanent resident again.