Motions to Reopen Removal Proceedings
“Our Motions practice also emphasizes clients coming to us after they have been ordered removed by the immigration judge when they were resented by other attorneys. We emphasize the filing of Motions to Reopen Immigration Removal cases where an Immigration Judge has previously ordered a person removed.”
This is particularly true where the previous order of removal was based upon prior criminal convictions. In such a case, when filing a Motion to Reopen the Immigration Court Removal Hearing is based upon Post Conviction Relief in the California criminal courts where the convictions occurred. That is why non-immigrants and immigrants alike seek our representation. We are one of the few law firms that offer Post Conviction Relief in the criminal courts and who also file Motions to Reopen in the immigration courts.
A Motion to Reopen can be filed even after many years have gone by where the motion is based upon the vacation of the underlying conviction or because of a change in the law. In either case, our clients are no longer removable because the grounds of removal no longer exist. That is why a Motion to Reopen is such an important tool we use in defending our clients.
In addition to the above grounds, there are sometimes other new facts and circumstances that may also arise after an order of removal has been issued by the immigration judge. For example, a Motion to Reopen may be made when a client has married a U.S. citizen, thus becoming eligible to apply for lawful permanent residency (adjustment of status). In some of these cases, we may file both a Motion to Vacate and then a Motion to Reopen, depending upon the circumstances of each client’s case.
Our Motion to Reopen practice is one of the most important remedies we have in our arsenal of defenses. These Motions, when granted by the IJ, save clients who have already been deported and are waiting to be physically removed from the U.S. In many ways, these motions are like the difference between life and death or being able to remain in the U.S. with their families or being deported and never being able to legally return to the U.S. again.
For further information concerning our Motion to Reopen practice, please contact us for a consultation.
Eckdish & Hall are or have been active members in the following organizations:
Avvo Lawyer Ratings (Avvo)
American Immigration Lawyers Association (A.I.L.A.)
Association of Trial Lawyers of America (A.T.L.A.)
California Attorneys for Criminal Justice (C.A.C.J.)
National Lawyers Guild (N.I.G.)