The Challenge of Reopening an Old Deportation Order
Reopening an old deportation order can be an incredibly challenging process. However, once the case is reopened, the immigrant gains the chance to apply for immigration benefits, such as asylum or withholding of removal. These opportunities can eventually lead to a Green Card, allowing them to secure lawful status in the U.S. This stability offers protection and the possibility of reuniting with family members abroad.
A Difficult Case from Tajikistan
A Tajik national retained our firm to assist in reopening his old deportation order. Several years earlier, due to unfortunate circumstances, he missed his immigration court hearing, resulting in a deportation order issued “in absentia.” These types of old deportation orders are especially hard to challenge because the immigrant must provide a compelling reason, such as lack of notice, to reopen the case.
Building a Strong Case with Evidence
Our legal team argued that our client never received proper notice about his hearing, which directly led to the old deportation order. To support this, we obtained his immigration records using the Freedom of Information Act (FOIA). Among the documents was a crucial piece of evidence: an envelope marked “undeliverable.” This proved that he had not received the notice for his hearing, making it possible to challenge the old deportation order.
The Motion to Reopen: A Crucial Step
With this key evidence, we filed a motion to reopen with the Immigration Court. Fortunately, the Immigration Judge reviewed the case and accepted our argument, reopening the old deportation order. This allowed our client to apply for asylum and withholding of removal, which protect against deportation to his home country.
Preparing for the Asylum Hearing
While our client awaited his asylum hearing, our team spent two years preparing extensively to address the reopened old deportation. We gathered key evidence, submitted legal motions, and secured expert testimony on the dangerous conditions in Tajikistan. Additionally, we worked closely with our client to ensure he was well-prepared to give his testimony, presenting a clear case for his protection from removal.
