Motion to Reopen Based on Changed Country Conditions
- Do You Have a Removal Order?
- Has Your Asylum Case Been Denied at the BIA and the 9th Circuit?
- Do You Need to Renew Your Work Authorization?
If you answered “yes” to any of these questions, keep reading because the expert immigration lawyers at Nalbandian Law in the Los Angeles area may be able to help you. Over the past 16 years, we have handled over 2,500 asylum and motion to reopen cases.
Filing a Motion to Reopen Your Case
U.S. immigration laws include the legal right to file a motion to reopen or reconsider a previous decision made about your case, even if you have a removal order and are facing deportation. In order for the motion to be approved, you have to show that substantial changes have occurred in your home country causing an increased fear of persecution when you return to your country. Filing a motion to reopen your case means you potentially may be able to file a new asylum application in immigration court even if your previous application was denied.
Specifically, recent case law concerning motions to reopen your immigration case indicates that you do not have to show new grounds for applying for asylum. You can use the same grounds as shown on your original application, as long as you carefully document how country conditions and/or your situation has changed for the worse.
Instability Increases Around the World
In recent years, many countries have destabilized and are going through tumultuous changes in their governments. As a result, aliens come to the United States seeking protection under our country’s asylum laws because they have suffered persecution or fear that they will suffer persecution due to their race, religion, nationality, political opinions, or because they are part of a particular social group that has been targeted.
Aliens come to Nalbandian Law because they are in trouble. Their petitions for asylum were denied, and they are facing deportation. They live in constant fear of ICE agents knocking on their door and taking them to a detention center in preparation of deporting them. That is when their lives change forever, and dreams of a safe haven and eventual U.S. citizenship will be crushed. After all, how can you fight deportation?
Nalbandian Law handles many asylum cases for clients. “Recently we met with an alien who was facing deportation because his asylum application had been denied the first time,” said Sassoun A. Nalbandian, lead immigration attorney and founder of Nalbandian Law. “We reviewed his case to see if his situation had changed in any substantial way since he was originally denied asylum by the immigration and appeals courts. We learned that his home country had, in fact, increased persecution efforts against his particular social group. We determined that he now had just cause for fearing persecution should he be deported.”
The Meticulous Process of Filing Motions
When Nalbandian Law takes a client’s case, we provide thorough documentation of your situation and how conditions have worsened in your home country. We obtain affidavits from family, friends, police reports, hospitals, doctors and other sources such as news reports and articles to support your new reasons for reopening your asylum case.
Nalbandian Law will file for a motion to reopen or reconsider your case typically at the Board of Immigration Appeals (BIA). This is not a court appearance. The BIA will reach its decision in 3-6 months. If your motion is granted, you can then apply for an Employment Authorization Document (EAD) and start working legally once again.
Even if your motion to reopen is denied by the BIA, you can then appeal that decision to the Ninth Circuit U.S. Court of Appeals. Once you do so, you may be able to renew your work authorization once again, and you will most likely have a “stay in place” that protects you for 2-4 years from deportation and gives you tremendous peace of mind.
“Filing a motion isn’t appropriate for every asylum case,” emphasized Mr. Nalbandian, “because it depends on the conditions in the client’s home country as well as their personal
circumstances. Many cases are won based on a combination of changes in personal circumstances and deteriorating country conditions.”
Schedule an Asylum Consultation Today!
Call Nalbandian Law at (818) 244-0310 or contact us online to schedule a confidential consultation with lead attorney and motion to reopen expert Sassoun A. Nalbandian. He will review your situation carefully and determine the best course of action for you.
*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.