CASE: Motion to Reopen In Absentia Order of Removal
CLIENT: Mexican
LOCATION: Atlanta, Georgia
Our client was detained for being without status. He entered the country illegally over 10 years ago. Upon release with a bond he gave his proper address and the immigration service also had the address of his bond obligor. He and the obligor kept following up with immigration regarding his next hearing since he never received anything in the mail. On his next Order of Supervision appointment in September 9, 2010 (an regular appointment with the Immigration and Customs Enforcement to make sure you have not escaped), immigration told our client that he is deportable and that he has a final order for not showing up at the Atlanta Immigration Court on August 24, 2010. The rule is that if you don’t show up for Court, you will automatically have a final order of removal. Your only recourse if available is to file a Motion to Reopen. In this case the Motion was based on the fact that he never got the Notice to Appear nor his hearing notice. Our firm was consulted and we told him that we have to file a Motion to Reopen as soon as possible. We were immediately retained and on September 17, 2010, we filed a Motion to Reopen with the Atlanta Immigration Court. We argued that he never got notice of his hearing, was prima facie eligible to apply for Cancellation of Removal, filed within 1 month of the final order, showed up at his order of supervision, was prompt in retaining counsel, and that he had residence in Georgia and was not a flight risk. On October 4, 2010, the Immigration Judge in Atlanta granted our Motion. His final order is now lifted and thus won’t be deportable as of now. He would have an opportunity to apply for Cancellation of Removal with the Immigration Court.
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