11 Jun Those deported in Absentia may still file a Motion to Reopen
By Attorney Crispin Caday Lozano
The ICE Director notified us that those already deported by Immigration Judges are their first priority in deporting undocumented immigrants. It is important that if you are deported in absentia you should seek to reopen your case.
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.
1. For the month of May 2020, we received approvals from USCIS for two green card renewals.
2. For the month of April 2020. we received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.
3. For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.
4. For the month of February 2020, we received approvals from USCIS of five Adjustment of Status application and three Naturalization application.
5. For the month of January 2020, we received approvals from USCIS of five Adjustment of status applications, three N-400 applications for naturalization and three fiancé visa application.
6. For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.
7. For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.
8. For the month of October 2019, we received five naturalization application approvals and two renewal of green card and one DACA approval.
9. For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence.
10. For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud. We also received approval from USCIS of two naturalization applications and two fiancé visa petition.
11. For the month of July 2019, we received approvals of three N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.
12. 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.
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