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  • motion to reopen

    My sister was detained at a detention center. the Immigration judge set Mater hearing, during the period, she asked for continuance to get identity documents to support her Bond. Then, last hearing, she was to file asylum application. But she and her attorney mistakenly believed that her hearing was for Bond since she had none. So her attorney asked for a continuance to submit asylum application, which was denied and the judge ordered removal as abandonment. She did not pay her attorney for asylum application and we, her relatives only asked her attorney to appear for her bond. Now, we have to file a motion to reopen. How do we do this - honest mistake. Any one know some case law to support our Motion. She only has been in US for 6 months and was her 1st request for continuance to file Asylum application.

  • #2
    The definitely sounds like an abuse of discretion on the part of the judge to not provide an adjournment at the first hearing in order for your sister to submit an application for relief. When did this happen? You can appeal the decision to the BIA if it was recent. If you must file a motion to reopen make sure that it is timely. It sounds like you would have a grounds for reopening the case there.
    Joseph Caraccio

    This response does not constitute legal advice and it does not establish an attorney-client relationship. I am not your lawyer and you should not rely on anything written above. I recommend you meet with an attorney. Immigration Law Resources | My Immigration Blog

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