CASE: Motion to Reopen
CLIENT: Senegalese
LOCATION: Baltimore, MD
Our client came to the United States with a valid F-1 student visa from Senegal in 2006. Later, he married his current U.S. Citizen wife, and retained our office for his adjustment of status case. We prepared his I-130 petition and I-485 adjustment of status application, and filed the application on March 21, 2011.
However, a week before his I-130 interview, our client’s adjustment of status application was denied. Unbeknownst to our client and us, our client was placed in removal proceeding and the Immigration Judge issued a final order against our client in 2010. Our client was very surprised and informed our office that he never knew of his final order, his hearing, nor the fact that he was even placed in removal proceedings.
Our client never received a Notice to Appear, and as such did not know that he was in removal proceedings, did not know that had to go to Court, did not know that he had to inform the Immigration Court through Form EOIR-33 of his change of address, and ultimately did not know that he had a final order for not appearing at his 2010 hearing. Our client asked us for help in his case and we advised him to file a Motion to Reopen in absentia order of removal.
On June 17, 2011, our office filed a Motion to Reopen with the Baltimore Immigration Court. Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted (39 exhibits). However, the Department of Homeland Security filed an opposition to our Motion. In response to the DHS’ brief, our office filed a Response to the Government’s Opposition to Motion on July 8, 2011.
On December 8, 2011, the Baltimore Immigration Court denied our motion. However, our office thought that IJ’s decision was incorrect. In response to the Court’s decision, our office filed a Motion to Reconsider on December 28, 2011. On January 31, 2012, the Baltimore Immigration Court granted our Motion to reconsider and sent our office a new hearing notice for our client. Our client now does not have the final order of removal and may seek relief with the Immigration Court, or seek termination of proceedings for CIS adjudication of his green card.
FREE CONSULTATIONS
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
For other Motion to Reopen success stories, please click here.
For other success stories, please click here.
Also feel free to contact our office anytime for free consultations.
One comment