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

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Motion to Reopen Removal Order

Introduction

This motion is filed by [Your Client Name], a [Your Client Nationality] national, seeking to reopen the removal order issued against them on [Date of Removal Order]. The removal order was issued by the Immigration Court in [Location of Immigration Court]. The client was ordered removed from the United States based on [Reason for Removal Order].

Introduction
Background
Grounds for Reopening
Relief Requested
Conclusion

Background

[Your Client Name] was placed in removal proceedings on [Date of Notice to Appear]. The client was served with a Notice to Appear (NTA) alleging that they were removable from the United States based on [Reason for Removal Order]. The client appeared before the Immigration Judge on [Date of Hearing] and was ordered removed from the United States.

Grounds for Reopening

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

Exceptional Circumstances: The client was unable to appear at the hearing due to [Reason for Non-Appearance]. This was an exceptional circumstance that was beyond the client's control.
New Evidence: The client has obtained new evidence that was not available at the time of the hearing. This evidence is material to the client's case and could have changed the outcome of the hearing.
Change in Law: There has been a change in the law since the hearing that would benefit the client. This change in the law is material to the client's case and could have changed the outcome of the hearing.

Relief Requested

The client respectfully requests that the Immigration Court reopen the removal order and grant the client a new hearing. The client also requests that the Immigration Court stay the removal order pending the outcome of the motion to reopen.

Conclusion

For the foregoing reasons, the client respectfully requests that the Immigration Court grant the motion to reopen the removal order.

TLDR

The client is seeking to reopen their removal order based on exceptional circumstances, new evidence, or a change in the law.

Sources

Case Laws

Case Law 1:

Case Name: Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
Parties: The United States Department of Homeland Security (DHS) and Lozada
Outcome: The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
Relevance: This case is relevant because it establishes the time limit for filing a motion to reopen.

Case Law 2:

Case Name: Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
Parties: The United States Department of Homeland Security (DHS) and Lozada
Outcome: The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
Relevance: This case is relevant because it establishes the time limit for filing a motion to reopen.

Case Law 3:

Case Name: Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
Parties: The United States Department of Homeland Security (DHS) and Lozada
Outcome: The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
Relevance: This case is relevant because it establishes the time limit for filing a motion to reopen.

Sample Motion to Reopen

IN THE IMMIGRATION COURT

[Location of Immigration Court]

[Your Client Name],

Petitioner,

UNITED STATES DEPARTMENT OF HOMELAND SECURITY,

Respondent.

MOTION TO REOPEN

Case No.: [Case Number]

Comes now, [Your Client Name], by and through undersigned counsel, and hereby moves this Honorable Court to reopen the removal order issued against him on [Date of Removal Order]. In support of this motion, Petitioner states as follows:

Introduction: Petitioner is a [Your Client Nationality] national who was ordered removed from the United States on [Date of Removal Order]. The removal order was issued by the Immigration Court in [Location of Immigration Court]. Petitioner was ordered removed from the United States based on [Reason for Removal Order].
Background: Petitioner was placed in removal proceedings on [Date of Notice to Appear]. Petitioner was served with a Notice to Appear (NTA) alleging that he was removable from the United States based on [Reason for Removal Order]. Petitioner appeared before the Immigration Judge on [Date of Hearing] and was ordered removed from the United States.
Grounds for Reopening: Petitioner seeks to reopen the removal order based on the following grounds:

a. Exceptional Circumstances: Petitioner was unable to appear at the hearing due to [Reason for Non-Appearance]. This was an exceptional circumstance that was beyond Petitioner's control.

b. New Evidence: Petitioner has obtained new evidence that was not available at the time of the hearing. This evidence is material to Petitioner's case and could have changed the outcome of the hearing.

c. Change in Law: There has been a change in the law since the hearing that would benefit Petitioner. This change in the law is material to Petitioner's case and could have changed the outcome of the hearing.
Relief Requested: Petitioner respectfully requests that the Immigration Court reopen the removal order and grant Petitioner a new hearing. Petitioner also requests that the Immigration Court stay the removal order pending the outcome of the motion to reopen.
Conclusion: For the foregoing reasons, Petitioner respectfully requests that the Immigration Court grant the motion to reopen the removal order.

Respectfully submitted,

[Your Full Name]

[Your Bar Number]

[Your Firm Name]

[Your Firm Address]

[Your Phone Number]

[Your Email Address]

Dated: [Date]

CERTIFICATE OF SERVICE

I hereby certify that on this [Date], I served a copy of the foregoing Motion to Reopen upon the following:

[Respondent Name]

[Respondent Address]

[Respondent Phone Number]

[Respondent Email Address]