Blog | DeMine Immigration Law Firm

DeMine Immigration Law Firm's Recent Success: A Motion to Reopen Victory!

Written by Indera DeMine, Esq | Sep 19, 2023 11:17:00 AM

At DeMine Immigration Law Firm P.A., we take immense pride in championing the rights and aspirations of individuals seeking immigration services. We are delighted to share a recent triumph that exemplifies our unwavering commitment to our clients. Recently, we successfully filed a motion to reopen a deportation case, leading to its approval. This case serves as a testament to our dedication and expertise in the realm of immigration law. The Case: A Glimpse into Mr. D's Journey

Our client, Mr. D, approached our firm facing a challenging situation. He had filed an asylum application under the guidance of a notario, not fully comprehending the gravity of his actions. This unfortunate decision led to his inclusion in removal proceedings. Tragically, he was unaware of his court date, which resulted in an order of removal in absentia in 2010.

Applicable Law: Understanding the Foundation

In the world of immigration law, it's essential to navigate the intricate web of regulations and statutes effectively. Generally, a motion to reopen must be filed within 90 days of the order of removal. However, an exception arises when a respondent can demonstrate that they did not receive proper notice of the court date after being ordered removed in absentia. Furthermore, respondents have the option to argue for the reopening of their case on the grounds of "exceptional reasons" and request the judge to exercise their sua sponte power, meaning they act "of their own will."

Our Approach: A Meticulous Strategy

What sets DeMine Immigration Law Firm apart is our dedication to every client and our meticulous approach to legal challenges. In Mr. D's case, we went above and beyond. Despite Mr. D seeking our assistance over 13 years after his order of removal, we were unwavering in our commitment to seek justice on his behalf.

We prepared a comprehensive motion to reopen, covering two critical aspects:

Lack of Notice: We argued that Mr. D's absence from the court hearing was through no fault of his own, citing a lack of proper notice.

Exceptional Circumstances: We presented a meticulously curated packet of over 400 pages, containing evidence of Mr. D's good moral character, ties to the United States, eligible relief, and the exceptional reasons justifying the reopening of his case.

Our Triumph: A Victory for Justice

Our relentless efforts bore fruit when we received the written order from the judge granting our motion to reopen just after two months of filing. This success signifies more than just a legal victory; it's a triumph of hope, dreams, and the right to a fair and just immigration process.

Moving Forward: Mr. D's Brighter Future

Thanks to the approval of the motion to reopen, Mr. D can now proceed with seeking relief and building a life free from the fear of deportation. His future in the United States is no longer shrouded in uncertainty, and he can look ahead with hope and confidence.

Conclusion

At DeMine Immigration Law Firm P.A., our mission is to empower individuals to navigate the complex immigration landscape with confidence and hope. Mr. D's success story reinforces our commitment to providing unparalleled legal representation and fighting for justice, no matter the odds.

If you or someone you know is facing immigration challenges, don't hesitate to contact us. We are here to champion your cause, just as we did for Mr. D. Together, we can pave the way for a brighter future in the United States.