17 Jul Aliens deported in Absentia may still file a Motion to Reopen
By Attorney Crispin Caday Lozano
The planned massive ICE raids on July 14, 2019, did not materialize. However, usually raids are not announced and the ICE could be taking their proper timing to do the raid. The ICE Director notified us that those already deported by Immigration Judge are their first priority. I discussed in my last week article about how to handle ICE raid.
When may you reopen your case if you are deported in absentia?
You may file Motion to Reopen with the Immigration Court if you did not receive proper notice of the hearing. For example, if the NTA was mailed to an incorrect address, you may be successful in reopening your case if the failure to appear was not your fault. There is no filing fee for filing a Motion to Reopen based upon failure to receive proper notice.
When the NTA or Notice of Hearing is sent by regular mail to your last known address, there is a presumption that it was actually delivered there. It is your obligation to inform the court of any change of address within five days of moving. If you were notified of this obligation (which is contained in the NTA), and fail to do so, then miss a scheduled hearing, you may be faulted for failing to appear. To overcome the presumption of delivery, you have to submit any relevant evidence to show that you did not receive the NTA. Evidence can include your affidavit, affidavits from others who know about the situation, and proof of troubles with mail delivery at your residence. If applicable, you can also demonstrate that you have attended previous hearings and have pending applications that would indicate an incentive for you to appear for your hearing.
If you did not receive notice of your hearing, but your attorney of record did and failed to inform you of the hearing date, you may be able to reopen your case based upon ineffective assistance of counsel.
Note: This is not a legal advice. You should seek the advice of an immigration attorney about the specifics of your case.
- For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.
- On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
- On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
- On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
- On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
- From March 4 to 26, 2019, we received six adjustment of status approvals.
- For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net