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Results 1 to 8 of 8

Thread: Motion to reopen for in absentia question?

  1. #1
    My husband was arrested two weeks ago on a deportation order for in absentia. The attorney said it was because he did not go to a court date. We never knew he had one as the letter went to an old address. Iam a US citizen, and my husband is not legal here. The attorney filed a motion to reopen. The attorney says not to worry, but I do worry. My question is this: He has Multiple Sclerosis, we are legally married and have three children. He is also the only one supporting our family, as I am a full time student. And he did not know he had an order of deportation since he did not get the notice. Oh, and he has no criminal record. Will all of this help him, or will the judge not care? Do we have a good or decent chance at having this case reopened? And if so, will he bond? The attorney says she has had lots of good outcomes on cases like these, but every case is different. Any other advice would really be appreciated. My children and I really miss him.

  2. #2
    My husband was arrested two weeks ago on a deportation order for in absentia. The attorney said it was because he did not go to a court date. We never knew he had one as the letter went to an old address. Iam a US citizen, and my husband is not legal here. The attorney filed a motion to reopen. The attorney says not to worry, but I do worry. My question is this: He has Multiple Sclerosis, we are legally married and have three children. He is also the only one supporting our family, as I am a full time student. And he did not know he had an order of deportation since he did not get the notice. Oh, and he has no criminal record. Will all of this help him, or will the judge not care? Do we have a good or decent chance at having this case reopened? And if so, will he bond? The attorney says she has had lots of good outcomes on cases like these, but every case is different. Any other advice would really be appreciated. My children and I really miss him.

  3. #3
    How he entered in the United States (with or without inspection)?

  4. #4

  5. #5
    your attorney is right. Its not USCIS problem if he didnot updated his address. its his problem, He didnot go to hearing thats why he got deported. Three kids and USC wife can only play a role to hardship but this can never be reason for not to obey the court order ( not going to hearing).
    Yes he cand get bond. Ask your attorney to file for bond so he can get out, there must be good reason to mention why he was not gone to hearing and what makes him go to his coming hearing if motion is granted and opened.

    Just to let you know that he will not be adjusted if He enter without inspection ( the part you didnot mentioned)
    Its a discussion, not a legal advise..

  6. #6
    He came into this country legal. We are now just waiting to see if the judge will grant the motion to reopen. We are all praying. He did not know of the hearing because it went to an old address, and yes he did not ever update the address to them. If it gets denied, can we appeal this, and he will remained detained here until the outcome of that?

  7. #7
    yes you can appeal after the motion to reconsider, but the plus point you, have is "absentia"
    means if the alien got deported in absentia means he didnot had fair chance to justify himself. its easy to get open the same case then, the case already adjucated with the alien presence. You have very good chances to get motion granted then denial. good luck.
    granted motion does not meand he will be out from immigration hold. he can be out on bond or judge can order his to his own recognation., till then he will be incarcerated. file bond with ICE first and if not granted file with court.
    Its a discussion, not a legal advise..

  8. #8
    Okay thank you so very much for the discussion..and thank you for words of encouragement, as we really need them right now...god bless you.

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