Q: A friend just learned 24 years ago he was deported/in absentia order, but never got the letter to appear. Can he reopen?
Request for asylum was denied.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your friend may have options to reopen his case through a "Motion to Reopen" based on lack of notice, which could potentially overcome the time limitations typically associated with in absentia removal orders.
The success of reopening would largely depend on proving he never received proper notice of the hearing. He should gather evidence showing he didn't receive the notice, such as having moved addresses without updating the immigration court, postal service records, or affidavits from people who can verify his situation. The fact that this happened 24 years ago makes gathering evidence more challenging, but not impossible.
Given the serious nature of deportation orders and the complexity of immigration law, your friend should contact an immigration attorney immediately. They can evaluate all available evidence, determine the strongest legal strategy, and help prepare the necessary documentation for reopening the case. Time is critical in these situations, so encourage your friend to seek legal help as soon as possible.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
