October 4, 2010: Reopening a Deportation Case

Reopening a Deportation Case

If someone is deported can he or she file to reopen their removal case in the US?
— Anonymous

Whether a case can be reopened depends on the facts and circumstances in your specific case. Before going forward, it is extremely important that an immigration attorney carefully review the Immigration Judge’s decision and the record of proceeding, the applicable law, and the case-specific facts.

Generally, a person who is attempting to have their case reopened must prove that there is new material evidence that was not available at the time of the original hearing and that could not have been discovered or presented at the original hearing. However, since you have already been deported from the United States, depending on the jurisdiction, you may be prohibited under the law from filing a Motion to Reopen since you are outside the United States.

But again, it depends on the specific circumstances of your case because it can be argued that this law does not apply in all circumstances, such as if you were ordered deported in absentia (in your absence) and you were actually deported, because it can be argued that a Motion to Reopen based on lack of notice may be filed at anytime.

Before you file anything relating to your immigration case, it would be wise for you or a family member who is intimately familiar with your case to consult with an experienced immigration attorney who will review your entire immigration history and provide specific legal advice that is appropriate given the facts and circumstances in your case.

Michael Shane and Evan Shane, Immigration Attorneys