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Is there a way to reopen a deportation case?

On Behalf of | Apr 17, 2022 | Immigration Law

Losing a chance to stay in the United States may result in deportation proceedings. However, you may have an opportunity to reopen the case against you and stop deportation from occurring.

Under some circumstances, you may have the right to ask the court to reopen the case against you. When you meet the criteria for this, a judge will have to reexamine the facts of your deportation case and then decide, again, whether you should return to your country of origin or may remain in the United States.

What conditions allow you to reopen a deportation case?

When you ask the court to reopen a deportation order, you have new evidence to present against it. This often comes in from affidavits or declarations involving the worsening conditions in your home country. For instance, if after your deportation order you discover that you qualify for asylum by a new development in your country of origin, you may present that evidence and your application with a motion to reopen.

Can you ask a judge to reconsider your case?

On the other hand, you may discover a misstep in the law or process during your deportation proceeding. If this is the case, you may ask that the judge reconsider your case. You should then present evidence of the breach or misapplication during the original process. If the judge agrees, you may have another chance to oppose the deportation in a new case.

Fighting deportation may feel impossible, but it does not have to. When you find a reputable ally to help you along the way, you may get another chance to resume your path to citizenship.