When you received a deportation order from authorities, remember that it’s not the end and fighting deportation is possible depending on your situation. One example to remedy your case is to challenge a deportation order.
In this situation, Motion to Reopen might work for you. You may try to ask the immigration judge to consider reopening the case. However, there are only 2 considerations which include:
- Absentia Decision
- Changed Circumstances
Absentia Decision means that a decision on your case has been made without your presence. They might consider opening your case again if you prove to them that you weren’t able to attend the proceedings due to exceptional circumstances which are beyond your control such as serious illness, death of a family member (spouse, parent or child), battery and cruelty to you, to your spouse or child. In these cases, strong evidence is a must and asking guidance from a defense deportation attorney is crucial.
There are usually 180 days allotted time before the deadline so there’s still a chance to settle it. The count will start from the day the absentia order is given and within those days, you can still reopen your case.
Changed circumstances are also considered if you find new facts or evidence of dangers related to your country of origin that you have no knowledge of during the proceedings. In this case, you must prove that these new facts or evidence are relevant to your deportation order.