I have lost my U.S. Immigration Court Case What Now!
Posted by: ScottMond Law Firm
July 22, 2011
Topic: Deportation & Detainment
The purpose of this brief article is to equip clients and individuals in removal/deportation proceedings with an understanding of their options in the event they lose their case in U.S. immigration court. All hope is not lost.
We understand that this is a devastating time for our clients. We have taken over several cases that were lost be prior attorneys or counsel and taken the next essential steps to give clients another chance to win a meritorious case in the U.S. Immigration court system.
Time is of the essence when someone loses their immigration case. The three main options are as follows: 1) file a motion to reopen the immigration case, 2) file a motion to reconsider, and/or 3) to file an appeal to the Board of Immigration Appeals (BIA). All three options must be completed within 30 days or less.
First, a motion to reopen requires that a new set of facts be introduced. The factors are very legally specific. One factor seriously considered by the court is prior ineffective counsel. This requires urgently having new independent immigration review the case. Other factors considered by the court involve the introduction of new evidence or a change in U.S.status.
A form called I-290B must be filed and accompanied by a legal brief in 30 days or less for the Immigration Judge’s (IJ) order being entered. This deadline is very strict.
Second, a motion to reconsider is also an option and asks the IJ to reconsider the same set of facts based on a belief that the judge may not have clearly fully considered all factors in the case. The same strict deadlines above apply.
Finally, an appeal may be filed to the BIA within 30 days which is an appellate court. The filing requirements for the above are complex and require an experienced U.S. Immigration attorney. A second opinion by a new immigration counsel is always a very wise step.