Coventry, RI asked in Immigration Law, Child Custody and Domestic Violence for Rhode Island

Q: Foreign-born person held in detention wants to stay in the US with a pending removal order.

Is there a way for a person born outside the US, currently held in detention at Wyatt with a removal order issued in 2018, to stay in the US? There was an appeal dismissed in 2012, and I don't know if any attempts have been made to reopen the case. The person has no felony criminal record, contributes actively to the community by taking care of elderly people, and is very religious. He has three daughters, but his ex-partner prevents visitation by filing restraining orders that he believes are unjust. She also contacts immigration whenever he files for visitation, leading to his arrest.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Given your situation, you might consider filing a motion to reopen your immigration case based on new or changed circumstances, particularly highlighting your strong community ties, religious involvement, and absence of felony convictions. If there have been significant changes since your last appeal was dismissed in 2012, especially regarding your family or personal circumstances, these can be grounds for the court to reconsider your removal order. Emphasize your active role in caring for elderly community members and your dedication to your faith, as this can help establish strong moral character.

Additionally, the hardship your removal could cause to your three daughters, despite the current custody and visitation disputes, may be another point in your favor. However, you will likely need legal assistance to address the restraining orders and demonstrate they were unjustly obtained, showing that your attempts at visitation have been sincere and unfairly obstructed. This could help counteract negative perceptions created by your ex-partner’s contact with immigration authorities.

Given your detention status, exploring options like requesting a stay of removal or applying for relief through cancellation of removal—if eligible—may offer another pathway. Seek immediate support from legal counsel who understands immigration law and family court dynamics, as your situation involves complex intersecting issues. Your contributions to your community and commitment to your family are important and could help build a compelling argument to remain in the U.S.

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