{"id":399,"date":"2021-06-30T06:11:36","date_gmt":"2021-06-30T06:11:36","guid":{"rendered":"https:\/\/greencardguys.com\/?page_id=399"},"modified":"2021-07-02T15:09:01","modified_gmt":"2021-07-02T15:09:01","slug":"mocion-de-reapertura","status":"publish","type":"page","link":"https:\/\/greencardguys.com\/es\/mocion-de-reapertura\/","title":{"rendered":"Motion to reopen"},"content":{"rendered":"\t\t
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MOTION TO REOPEN<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\tSchedule a Call <\/span>\n\t\t\t\t\t<\/span>\n\t\t\t\t\t<\/a>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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IMMIGRATION COURT DEPORTATION DEFENSE - HOUSTON, TX IMMIGRATION LAWYER<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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There are several different reasons to file a Motion to Reopen. One reason to reopen your case is based on not showing up to court because you did not know about it. This happens more often than you think. The official name is “Motion to Reopen based on Absentia Order.” The Immigration Court could have mailed the Notice of Hearing or Notice to Appear to an old address of yours even though you provided timely notice of your new address to the court. We also have clients who did not show up because their lawyer or notario told them not to show up. This could qualify as “ineffective assistance of counsel.”<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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AM I ELIGIBLE TO FILE A MOTION TO REOPEN? <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Even before you finish your trial, you should ask your lawyer about what the next steps could be if you win or lose. This is important because you do not want to miss a deadline as there is limited time. That will be devastating to your case. There are no second chances.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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WHAT ARE MY CHANCES FOR MY CASE TO REOPEN?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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This depends on what happened at the trial level and what evidence was provided to the court. Some clients have significantly helpful facts to support their case at the trial and the case was presented thoroughly and the judge can still deny your case. If you believe you have a strong case, then we recommend filing an appeal. Keep in mind that not every case is the same, right. Overall, judges have a lot of discretion and they determine if you are credible meaning if you are telling the truth.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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CAN I STAY IN AMERICA WHILE MY MOTION IS PROCESSING?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Yes this is possible. Most motions to reopen of an Immigration Judge\u2019s decision will result in an automatic stay of removal. This means that while a direct appeal is pending from an immigration judge\u2019s order of removal or denying relief, the removal order is automatically placed on hold, and the immigrant can\u2019t be deported. Some do not result in an automatic stay of removal, such as a motion to reopen based on ineffective assistance of counsel. In these cases, we file a Motion to Stay Removal for clients, which includes a complex process of obtaining an expedited decision.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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INEFFECTIVE ASSISTANCE OF COUNSEL<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u200bNoncitizens facing removal from the United States must be afforded a fundamentally fair hearing. Many courts have held that access to counsel and the right to seek a remedy when counsel does not provide effective assistance are critical elements of a fair hearing.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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WHAT IS REQUIRED TO FILE A MOTION TO REOPEN BASED ON HAVING A BAD LAWYER BEFORE?<\/a><\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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  1. The motion must be supported by an affidavit by the respondent attesting to the relevant facts. The affidavit should include a statement of the agreement between the respondent and the attorney with respect to the representation.<\/li>
  2. Before the respondent files the motion, he or she must inform counsel of the allegations and give counsel the opportunity to respond. Any response should be included with the motion.<\/li>
  3. The motion should reflect whether a complaint has been filed with appropriate disciplinary authorities regarding such representation, and if not, why not.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    This is based on a case called Matter of Lozada, 19 I&N Dec. 637 (BIA 1988).

    The Board of Immigration Appeals said these procedures are \u201cnecessary to provide a basis for evaluating the many claims presented, to deter baseless allegations, and to notify attorneys of the standards for representing [noncitizens] in immigration proceedings.\u201d Matter of Assaad, 23 I&N Dec. 553, 556 (BIA 2003).<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    WE ARE YOUR HOUSTON, TX IMMIGRATION LAWYER<\/a><\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).

    \u200bWe are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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    CALL OUR OFFICE AT 469-645-8464 TO REACH OUR DALLAS OR HOUSTON OFFICES. OR SCHEDULE A CONSULTATION AT WWW.CALENDLY.COM\/JOHNTING\/HIRE<\/a><\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    MOTION TO REOPEN Schedule a Call IMMIGRATION COURT DEPORTATION DEFENSE – HOUSTON, TX IMMIGRATION LAWYER There are several different reasons to file a Motion to Reopen. One reason to reopen your case is based on not showing up to court because you did not know about it. This happens more often than you think. The […]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"nf_dc_page":"","footnotes":""},"class_list":["post-399","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/pages\/399","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/comments?post=399"}],"version-history":[{"count":0,"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/pages\/399\/revisions"}],"wp:attachment":[{"href":"https:\/\/greencardguys.com\/es\/wp-json\/wp\/v2\/media?parent=399"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}