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The Basics of Filing a Motion to Reopen Your Immigration Case

Miami Motion to Reopen Lawyer

Help from a Miami Motion to Reopen Lawyer

If you or any member of your family has been issued a removal order by Immigration and Customs Enforcement (ICE) or any other federal immigration agency, you may be uncertain about what to do next and how to proceed with these serious legal actions. In many cases, the assistance of a Miami motion to reopen lawyer can provide you with the necessary guidance to deal with these issues in the most effective way. Here are some facts you need to know to challenge your removal order successfully and to avoid deportation from the United States.

Filing a Motion to Reopen

As soon as possible after receiving a removal order, you should consult with a Miami immigration lawyer to file a motion to reopen your case. This requires that you submit new information or facts that were not available to you or to the courts at the time that the removal order was issued. Your attorney will help you by filing your case and presenting the new material to immigration authorities. While new facts must be submitted as well, some of the most common grounds for a motion to reopen include the following:

  • Changes in your personal circumstances
  • Ineffective or inadequate legal counsel during the first hearing
  • Changes to the laws applicable to your deportation or removal order
  • Your motion to reopen should contain the following elements:
  • A cover letter with general information about the case and your grounds for the motion to reopen
  • An entry of appearance
  • The motion itself, which will contain the legal grounds for reopening, the new facts to be considered, legal arguments for reopening the case and a conclusion that outlines the relief you are requesting
  • Exhibits, which will typically include a copy of the removal order, supporting documentation and evidence of compliance with all legal requirements for the motion
  • Any applicable fees
  • A certificate of service

Your Miami motion to reopen lawyer will advise you on the best way to present your arguments during this initial phase of appealing your removal order.

Time and Place Are Important

You will need to file a motion to reopen with the proper authority and in the time allowed for these motions. If the removal order came from the immigration courts and has not been appealed, your attorney will file the motion with the immigration court responsible for the decision. If you have already filed a petition for review, your motion to reopen will be filed with the Board of Immigration Appeals in nearly all cases.

In general, you must file your motion to reopen within 90 days of the removal order. If extraordinary circumstances prevent this timely filing, your Miami immigration lawyer may be able to file your motion to reopen only if the principle of equitable tolling is invoked. If you or your family members did not discover the grounds for a motion to reopen before the deadline expires, equitable tolling can sometimes provide you with extra time to file these motions with the immigration court. Working with a Miami motion to reopen lawyer with experience in these cases is the best way to manage the deadlines and filing requirements for your motion to reopen your case in court.

Hiring a Miami Motion to Reopen Lawyer

Choosing a Miami immigration lawyer from the team at Pozo Goldstein can provide you with the support and the professional counsel you need to protect yourself and your family members from issues with ICE and other federal immigration authorities. Our team includes two former prosecutors in the immigration courts and a former judge, which allows us to provide you with the right guidance and the most accurate recommendations for your case. Give Pozo Goldstein a call today at 305-856-0400 to schedule a consultation with our attorneys. We are here to protect your family’s American dream.

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