We are pleased to announce that we have successfully reopened our client
M.A.’s removal proceedings 12 years after he was ordered removed
in absentia by the Immigration Judge in Los Angeles California. Not only
that, Immigration Judge granted bond in the amount of $10,000.00 (client
had firearm offense and failure to appears) and our client is now released.
Him and his family are all together now and once the bond decision was
announced, our client and his family members (there were 12) all cried
from joy and our successful representation. Our client is from El Salvador
who filed for applications in 2003 to get relief from removal. However,
he was ordered deported from the United States because he failed to show
up to court.
When we were hired, all of the statutory deadlines have passed to file
for motion to reopen. However, after careful examination of the record
and contacts with Client’s previous attorneys, we have determined
that our client did not have proper notice. The Court’s notice of
hearing was also defective as the proof of service was never completed
and signed. We provided this proof by attaching a copy of the hearing
notice to the motion. Immigration Judge initially denied our motion to
reopen. The Board of Immigration Appeals agreed to reopen the case, because
the incomplete proof of service basically violated due process of law
and other rules and regulations. A motion to reopen to rescind an in absentia
order of removal may be filed at any time if the applicant demonstrates
improper notice of the hearing.
8 U.S.C. § 1229a(b)(5)(C)(ii);
Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (per curiam) (interpreting pre-IIRIRA notice provision in
8 U.S.C. § 1252b(c)(3)(B) (repealed 1996)).
The Board of Immigration Appeals ruled in our favor and held that “written
notice must be provided to an alien of the time, date, and location of
See sections 239(a)(2), 240(b)(5)(A) of the Immigration and Nationality Act,
8 U.S.C. §§ 1229 (a)(2),
We brought the dead alive by believing in our client and following through
with the case by our detailed investigation of the facts of his story.
These are key to our success in every case that we handle.