How to File a Motion to Reopen a Deportation Case in New Jersey
If you have been ordered deported from the United States, you may be able to file a motion to reopen your deportation case. A motion to reopen is a request to the immigration court to reconsider your case based on new facts or legal arguments that were not previously available. This blog post will provide a step-by-step guide on how to file a motion to reopen a deportation case in New Jersey.
Step 1: Determine Your Eligibility
Before filing a motion to reopen, you must determine whether you are eligible. Generally, you may be eligible to file a motion to reopen if:
- You were ordered deported in absentia (i.e., you did not attend your hearing)
- You did not receive proper notice of your hearing
- You have new evidence that was not available at the time of your hearing
- You have a valid claim for relief that was not available at the time of your hearing
- You were denied due process at your hearing
Step 2: Prepare Your Motion
To file a motion to reopen, you must prepare a written motion that explains why the immigration court should reconsider your case. Your motion should include the following
- A statement of the relief you are seeking (e.g., termination of deportation proceedings, adjustment of status, etc.)
- The reasons why you believe the immigration court should reopen your case (e.g., new evidence, changed circumstances, etc.)
- A legal argument supporting your position
- Any supporting documentation, such as affidavits, expert reports, or other evidence
Step 3: File Your Motion with the Immigration Court
Once you have prepared your motion, you must file it with the immigration court that ordered your deportation. In New Jersey, there are two immigration courts: one in Newark and one in Elizabeth. You should file your motion with the court that ordered your deportation.
You must also serve a copy of your motion on the Office of the Chief Counsel for the Department of Homeland Security. This can be done by mail or in person.
Step 4: Attend Your Hearing
After you file your motion, the immigration court will schedule a hearing to consider your case. It is important that you attend your hearing, as failure to do so may result in your motion being denied.
At the hearing, you will have the opportunity to present your case and any supporting evidence. The immigration judge will then decide whether to grant or deny your motion to reopen.
Step 5: Appeal if Necessary
If the immigration judge denies your motion to reopen, you may be able to appeal the decision to the Board of Immigration Appeals (BIA). You must file a Notice of Appeal within 30 days of the immigration judge’s decision.
If the BIA also denies your appeal, you may be able to appeal to the federal courts. However, this is a complex process and you should consult with an experienced immigration attorney before pursuing this option.
An experienced immigration attorney can also advise you on your eligibility for relief and the likelihood of success in your case. They can help you gather the necessary evidence and prepare a persuasive legal argument that can increase your chances of success.
It is important to note that there are strict deadlines for filing a motion to reopen. In most cases, you must file within 90 days of the final order of removal. If you miss this deadline, you may still be able to file a motion to reopen based on exceptional circumstances, but this is a difficult standard to meet.
Filing a motion to reopen does not guarantee that you will be able to remain in the United States. You must still meet the eligibility requirements for relief, and the immigration judge or the BIA must find that your case merits reopening.
If you are facing deportation from the United States, it is important to take action as soon as possible. Filing a motion to reopen maybe your best option for staying in the country, but it requires careful preparation and presentation. An experienced immigration attorney can help you navigate the complex legal process and fight for your rights.
The Scheer Immigration Law Group is a team of experienced immigration attorneys who can help you with every aspect of filing a motion to reopen a deportation case in New Jersey. Our attorneys have extensive knowledge of immigration law and can provide you with the guidance and support you need to present a strong case for reopening your deportation proceedings.
We can assist you in determining your eligibility for relief and whether filing a motion to reopen is the best option for your situation. We can also help you gather the necessary evidence, prepare a persuasive legal argument, and file your motion with the appropriate immigration court and government agencies
We can represent you at your hearing and work to ensure that your case is presented in the most favorable light possible. If your motion to reopen is denied, we can assist you in appealing the decision to the Board of Immigration Appeals or the federal courts.
At The Scheer Immigration Law Group, we understand the anxiety and stress that comes with facing deportation from the United States. Our goal is to provide you with the highest quality legal representation and help you achieve the best possible outcome in your case. Contact us today to schedule a consultation and learn more about how we can help with your motion to reopen your deportation case in New Jersey.