MOTION TO REOPEN DEPORTATION ORDER GRANTED IN 4 DAYSPublished: Feb 16, 2011 1:30 pm
Our client is a citizen of Burkina Faso. He entered the United States in 2007 as a student. Thereafter, he applied for asylum, which application was not approved by the Asylum Officer, who referred the case to an Immigration Judge for a determination on whether our client should be deported.
Eleven months ago, the client failed and neglected to appear at a scheduled Immigration Court hearing and an Order of Removal was issued in his absence deporting him from the United States.
We were retained 16 days ago and immediately moved to reopen the in absentia order on the basis that he was married to a United States citizen who wished to file a Petition on his behalf. The Motion to Reopen was opposed by the Government.
Notwithstanding the opposition, the Immigration Judge reopened the proceeding and issued an Order in only 4 days after receiving our motion papers. The matter is now scheduled for a new Immigration Court hearing.