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Write a motion to reopen for a client with a removal order

Motion to Reopen Removal Order

Table of Contents

1. Introduction

2. Background

3. Grounds for Reopening

4. Relief Sought

5. Conclusion

Introduction

This motion is brought by [Client's Name], a [Nationality] national, seeking to reopen a removal order issued against them on [Date of Removal Order]. The removal order was issued by the [Name of Immigration Authority] based on [Reason for Removal Order]. The client contends that the removal order was issued in error and that there are compelling reasons to reopen the case.

Background

• The client was issued a removal order on [Date of Removal Order] by the [Name of Immigration Authority].

• The removal order was based on [Reason for Removal Order].

• The client was given the opportunity to appeal the removal order, but they did not appeal within the stipulated time frame.

• The client now seeks to reopen the removal order based on new evidence and compelling reasons.

Grounds for Reopening

The client seeks to reopen the removal order based on the following grounds:

1. New Evidence: The client has obtained new evidence that was not available at the time of the original removal order. This evidence demonstrates that the original grounds for removal were erroneous.

   • Source: This ground is based on the principle of fairness and the right to a fair hearing, which is enshrined in the Constitution of Kenya, 2010. Article 50(1) of the Constitution states that every person has the right to administrative action that is lawful, reasonable, and procedurally fair.

2. Change in Circumstances: There has been a significant change in the client's circumstances since the removal order was issued. This change in circumstances renders the removal order unjust and unreasonable.

   • Source: This ground is based on the principle of fairness and the right to a fair hearing, which is enshrined in the Constitution of Kenya, 2010. Article 50(1) of the Constitution states that every person has the right to administrative action that is lawful, reasonable, and procedurally fair.

3. Error of Law: The original removal order was based on an error of law. This error of law renders the removal order invalid and unenforceable.

   • Source: This ground is based on the principle of legality, which is enshrined in the Constitution of Kenya, 2010. Article 1(1) of the Constitution states that Kenya is a sovereign and democratic state founded on the principles of the rule of law, the supremacy of the Constitution, and the separation of powers.

Relief Sought

The client respectfully requests the following relief:

• That the removal order issued on [Date of Removal Order] be reopened.

• That the client be given an opportunity to present their case before the [Name of Immigration Authority].

• That the [Name of Immigration Authority] reconsider the removal order in light of the new evidence and compelling reasons presented.

• That the removal order be revoked or amended as deemed appropriate.

Conclusion

The client believes that the removal order was issued in error and that there are compelling reasons to reopen the case. The client respectfully requests that the [Name of Immigration Authority] grant this motion and allow them to present their case.

Dated this [Date] at [Location].

[Signature]

[Name of Advocate]

[Advocate's Registration Number]

[Advocate's Contact Information]

[Client's Name]

[Client's Contact Information]

Note: This is a sample motion and may need to be adapted to the specific facts of the case. It is important to consult with an immigration lawyer to ensure that the motion is properly drafted and filed.