CASE: Motion to Reopen
CLIENT: Chinese
LOCATION: Cleveland, OH / Immigration Court: Detroit Immigration Court
Our client came to the United States on a valid B-2 visa from China in 2002. Later, she changed her status to F-1 and remained in the United States. She filed an I-485 application as a derivative applicant of her ex-husband in 2007. However, while the application was pending, our client and her ex-husband got separated. Unfortunately, in 2008, her I-485 adjustment of status application was denied. She never received the denial notice from the USCIS since she moved to a different city in Ohio before her case was denied. Thus, our client never received the Notice to Appear and was not apprised of the fact that she was placed in removal proceedings. Accordingly, the Detroit Immigration Court issued an in absentia order of removal for our client in August 2010.
In January 2012, our client was picked up by ICE officers. She was surprised to find out that she was being held because she had a final order of removal and missed her hearing in August 2010. She explained her situation, so she was not detained, and was placed on an order of supervision. Our client contacted our firm and eventually retained us in March 2012. Once we were retained, we asked our client to check with her ex-husband or her relatives whether they received the Notice to Appear for her. We told her that we have to reopen her case first before she can even apply for relief at the Immigration Court.
To rescind the final order, she has to get her case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.
On July 31, 2012, our office filed the Motion to Reopen with the Detroit Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and her circumstances around the final order date, documentation of the last address she provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On August 16, 2012, the Detroit Immigration Court granted our motion and reopened our client’s case. Our client now does not have the final order of removal anymore and will seek asylum, withholding of removal and relief under the CAT with the Immigration Court.
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