The Process of Motion to Reopen and Terminate Removal Proceedings: A Comprehensive Guide

If you or a loved one is facing removal proceedings, you may feel overwhelmed and unsure of what steps to take next. The thought of being separated from your family and the life you have built in the United States can be daunting. However, there is hope. The process of motion to reopen and terminate removal proceedings can provide a path to relief and allow you to stay in the country. In this article, we will discuss the ins and outs of this process, including what it is, how to file, and what to expect.

What is a Motion to Reopen and Terminate Removal Proceedings?

A motion to reopen and terminate removal proceedings is a legal request made to the immigration court to reopen a case that has already been decided and terminate the removal proceedings. This means that if you have already been ordered to be removed from the country, you can file a motion to reopen and terminate those proceedings. This process allows you to present new evidence or arguments that were not previously available or considered in your case.

When Can You File a Motion to Reopen and Terminate Removal Proceedings?

There are specific circumstances in which you can file a motion to reopen and terminate removal proceedings. These include:

  • New evidence: If you have new evidence that was not available at the time of your initial hearing, you can file a motion to reopen. This evidence must be relevant to your case and have a significant impact on the outcome.
  • Changed country conditions: If the conditions in your home country have changed since your initial hearing, you may be able to file a motion to reopen. This could include political or social changes that would put you in danger if you were to return.
  • Ineffective assistance of counsel: If you believe that your previous attorney provided ineffective assistance, you can file a motion to reopen. This could include failure to provide proper representation or failure to present crucial evidence.
  • Lack of notice: If you were not properly notified of your initial hearing, you may be able to file a motion to reopen and terminate removal proceedings.

How to File a Motion to Reopen and Terminate Removal Proceedings

Filing a motion to reopen and terminate removal proceedings can be a complex and time-consuming process. It is crucial to have the assistance of an experienced immigration attorney to guide you through the process. Here are the general steps to follow:

  1. Consult with an immigration attorney: The first step is to consult with an experienced immigration attorney who can evaluate your case and determine if you have grounds to file a motion to reopen and terminate removal proceedings.
  2. Gather evidence: If you have new evidence to present, it is essential to gather all relevant documents and information to support your case.
  3. File the motion: Your attorney will file the motion with the immigration court that handled your initial case. The motion must be filed within 90 days of the final order of removal.
  4. Await a decision: The immigration court will review your motion and make a decision. If the motion is granted, your removal proceedings will be terminated, and your case will be reopened.
  5. Attend a hearing: If the motion is denied, you may have the opportunity to attend a hearing to present your case in front of an immigration judge.

What to Expect After Filing a Motion to Reopen and Terminate Removal Proceedings

After filing a motion to reopen and terminate removal proceedings, there are a few possible outcomes:

  • Motion granted: If your motion is granted, your removal proceedings will be terminated, and your case will be reopened. You will have the opportunity to present your case and evidence in front of an immigration judge.
  • Motion denied: If your motion is denied, you may have the option to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA also denies your motion, you may be able to file a petition for review with the federal court.
  • Motion withdrawn: In some cases, the government may agree to terminate your removal proceedings without a hearing. This is known as a “joint motion to reopen and terminate.” Your attorney can negotiate this option with the government on your behalf.

Conclusion

The process of motion to reopen and terminate removal proceedings can be a lifeline for those facing removal from the United States. It is crucial to have the assistance of an experienced immigration attorney to guide you through this complex process. By filing a motion to reopen and terminate removal proceedings, you may have the opportunity to present new evidence or arguments that could change the outcome of your case. Remember, never give up hope, and always seek the guidance of a knowledgeable immigration attorney.

FAQs

Q: Can I file a motion to reopen and terminate removal proceedings if I have already been removed from the country? A: No, you must be physically present in the United States to file a motion to reopen and terminate removal proceedings. Q: How long does the process of motion to reopen and terminate removal proceedings take? A: The timeline for this process can vary, but it typically takes several months to a year. Q: Can I file a motion to reopen and terminate removal proceedings on my own? A: While it is possible to file a motion to reopen and terminate removal proceedings without an attorney, it is highly recommended to seek the assistance of an experienced immigration attorney to ensure the best possible outcome.


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