Published on the World Journal Weekly on December 14, 2014

Q & A 1.

Q&A 1.


Options Where Person Dissatisfied with Immigration Court Decision 2 Months Later and Wants to Do Something.


My friend went to his final court on August 5, 2014, and his lawyer accepted the immigration judge’s offer of voluntary departure of 2 months to leave. Now we think it is a bad deal, and want to appeal. Can we do it now?

Dear reader:

An appeal is only allowed if individuals meet the appeal deadline of 30 days.  In the situation that you describe of an individual overstaying voluntary departure, the time for appeal has already exceeded 30 days from the date of an immigration judge's decision.  You are therefore most likely looking for a motion to reopen.  Such a motion may be available under certain conditions.  The motion to reopen as of right (having the issue adjudicated on the merits) is afforded those who make the motion within 90 days of an order by the immigration judge or Board of Immigration Appeals.  A motion to reopen as of right is also limited in number to one.  A motion will also be adjudicated on the merits where the individual is applying for political asylum, withholding of removal for political reasons, or applying under the Convention Against Torture if there are changed country conditions.  Otherwise untimely motions are barred unless agreed to by U.S.I.C.E. counsel or granted in exceptional cases by the Board of Immigration Appeals under its own authority (sua sponte). 

 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
 

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