Did you get a denial with your immigration case? Perhaps the unsuccessful outcome was because you did not use a competent lawyer or did not use any legal representative at all. Sometimes, these conditions leave one vulnerable to a system that will not own up to their mistakes because their office has a custom of holding power without accountability. Therefore, the best course of action is to use an immigration attorney in San Antonio to file a better case with a motion to reopen or reconsider.
FAQ about filing a motion to reopen or reconsider
What is a motion to reopen?
The motion to reopen is granted after an adverse request of deportation by the judge or board of immigration appeals. The motion requests the court to consider all possible evidence in the present time and grants a motion to cancel the existing decision.
Best time to file a motion to reopen
The immigration court has a right to challenge the judge’s verdict by filing an immigration appeal. The motion to file an appeal is the best choice when one has the following situations to handle:
Wrongful absentia of deportation
The court will consider your case if you received wrongful absentia of deportation. This order happens when you fail to show up at the immigration court because you did not receive a notice of the hearing date. Perhaps, you did not receive the order because the secretary used an old address or typed the wrong one. We must prove to the judge of these misdoings to retract the absentia of deportation.
New information can open the door to seek relief from deportation. However, the court requires that you prove the new evidence and present it with due diligence to use it as a reason to reopen.
Filing a motion to reopen can give you a second chance to win the case if you face a rather exceptional situation. An instance is that you could not keep up with the court’s hearing dates because of sudden demands like attending to death or illness. The judge will incline to grant these motions when the attorney presents the due diligence requirements.
What is filing to reconsider?
Clients often confuse the motion of reopening or reconsideration because they share similar effects. They, however, have stack differences because the motion to reopen has factual evidence, while a motion to reconsider has a basis on legal grounds. The motion to reconsider focuses on the following errors in the immigration judge's policy, application, and procedures. While the two motions are incompatible, South Texas Legal Group can combine them to strengthen a request for a new hearing.
The motion to reconsider often gets improper treatment by attorneys and the court. We treat all human beings alike and understand that the legal system is run by individuals who can make procedural errors. Let us help you manage your motion to reopen and reconsider by beginning with a free consultation when you call 210-320-5633.
San Antonio TX 78215