How can I prevent my grandson's mother from being deported? 9 Answers as of October 20, 2011
My grandson's mother didn't go to her hearing and final deportation was issued. She hired a lawyer but he did not file a petition to cancel deportation and she received a letter giving her only a few days to leave. Is it too late? She says the lawyer told her she does not have to leave. He will file now.Free Case Evaluation by a Local Lawyer!
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Law Offices of Burgos and Sosa | Hans Burgos
She will need to file a motion to reopen removal proceedings justifying her absence at the removal hearing conducted by the immigration court.
Answer Applies to: Florida
Replied: 10/20/2011
Law Offices of Grinberg and Segal | Alexander Segal
It really depends upon why she did not go to her deportation hearing. If a person fails to show up for a hearing they can only reopen the case under certain circumstances. She either needs to show she did not know about the hearing or that extraordinary circumstances prevented her from appearing. The matter cannot simply be reopened to cancel her deportation.
Answer Applies to: New York
Replied: 10/20/2011
Reza Athari & Associates, PLLC | Reza Athari
I usually do not second guess other lawyers. But here it seems like a deportation order may only be set aside if you file a motion to reopen with the same court.
Answer Applies to: Nevada
Replied: 10/20/2011
Law Offices of Peter Y. Qiu | Peter Y. Qiu
She may be eligible for certain reliefs. However, you would either check with her lawyer or allow me to conduct additional investigations in order for me to develop a comprehensive strategy.
Answer Applies to: Illinois
Replied: 10/20/2011
Joseph Law Firm | Jeff Joseph
She can seek to reopen her removal proceedings if she can show exceptional circumstances that prevented her attendance at court, or lack of notice, or ineffective assistance of counsel. She needs to file the Motion to Reopen as soon as possible. If she was deported in absentia (in her absence) then the filing of the Motion automatically stops her deportation. But the motion needs to be well supported or it will simply be denied. You will definitely need a lawyer to assist you with this.
Answer Applies to: Colorado
Replied: 10/20/2011
World Esquire Law Firm | Aime Katambwe
Why did the lawyer not present the defense of cancellation of removal during the Master Hearing? Is she married to your son? You need to look for another lawyer and get a second opinion on all of it. Since she did not go to the hearing and was ordered removed in absentia, perhaps the matter can be re-opened with another attorney.
Answer Applies to: California
Replied: 10/20/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
This is a serious matter that may require filing a claim against the lawyer and a motion to reopen.
Answer Applies to: Texas
Replied: 10/20/2011
Law Office of Immigration & International Trade Law | Linda Liang
It sounds like she obtained a volunteer leave opportunity. If she leaves, she can come back without being barred. If she does not, the consequence will be sever, jail time is possible. To be sure, you need to consult a lawyer with all the paperwork.
Answer Applies to: Florida
Replied: 10/19/2011
Law Office of Christine Troy | Christine Troy
You may want to seek a second opinion from a different attorney. Make sure he or she is a member of AILA and specializes in removal. You will want to bring a full copy of your mother's file.
Answer Applies to: California
Replied: 10/19/2011
