Can a Removal Order Be Reopened? Understanding Your Options

There are few things more terrifying than being ordered removed from the United States. Whether you’re facing separation from your family, the loss of your livelihood, or the threat of violence in your home country, a removal order can feel like the end of the line.

But even after receiving an order of removal, you may still have options. In certain circumstances, it may be possible to reopen your case and have the removal order overturned or reconsidered.

At the Law Office of Lina Baroudi, we’ve successfully helped numerous clients reopen their removal proceedings and secure a second chance at obtaining legal status in the U.S. Here’s what you need to know about your potential to fight back against removal.

Grounds for Reopening a Removal Order

U.S. immigration law recognizes several grounds for reopening a case after a removal order has been issued. Some of the most common include:

1. Ineffective Assistance of Prior Counsel

If your previous attorney mishandled your case, failed to present key evidence, or provided incompetent representation, you may be able to reopen based on ineffective assistance of counsel.

This ground requires more than just dissatisfaction with the outcome. You must show that your prior counsel’s performance was so deficient that it violated your constitutional right to due process. Examples might include failing to notify you of a hearing date, neglecting to file critical applications, or refusing to present readily available evidence in your defense.

2. Changed Country Conditions

If you were ordered removed but conditions in your home country have dramatically worsened, you may be able to reopen your case to seek protection in the U.S.

To qualify, you must demonstrate that the changes are material to your eligibility for asylum, withholding of removal, or protection under the Convention Against Torture (CAT). You must also show that the evidence of the changed conditions is new and was not previously available.

This ground is especially important for individuals fleeing war, civil unrest, or surges in targeted violence. We’ve successfully reopened cases for clients who faced new threats in their countries of origin.

3. New Evidence

If you discover new evidence that was not available at the time of your original hearing, you may be able to reopen your case to present this information.

The evidence must be material, meaning it would likely change the outcome of your case. It could include things like newly uncovered medical records, expert witness testimony, or proof of your relationship to a qualifying U.S. family member.

In one recent case, we were able to reopen proceedings for a client who had become eligible for adjustment of status based on a qualifying relationship to a U.S. citizen.

Deadlines for Filing a Motion to Reopen

In most cases, you must file a motion to reopen within 90 days of the final removal order. This deadline is strict. If you miss it, you may lose your chance to reopen forever, even if you have strong grounds for reconsideration.

There are a few exceptions to the 90-day rule, such as in cases of changed country conditions, jointly filed motions, or when the Department of Homeland Security files the motion. Additionally, if the removal order was issued in absentia (due to your failure to appear at the hearing), special rules apply. However, these exceptions are narrow and require extensive supporting evidence.

Given the high stakes and short timeline, consult with our experienced immigration attorney as soon as possible after receiving a removal order. At the Law Office of Lina Baroudi, we can quickly evaluate your case, identify any potential grounds for reopening, and take swift action to meet the filing deadline.

The Risks of Reopening a Removal Order

While reopening a removal order can be a lifeline, it’s not without risks. Even if your case is reopened, there’s no guarantee that you’ll ultimately succeed in avoiding removal. You’ll still need to present a strong legal case for relief, such as asylum, cancellation of removal, or adjustment of status based on family ties or employment.

Given these risks, it’s important to carefully weigh your options with your attorney. In some cases, it may be preferable to pursue an alternative solution, such as:

• Voluntary departure, which allows you to leave the U.S. on your own terms and avoid some of the penalties of a removal order
• Prosecutorial discretion, where the government agrees to deprioritize your removal based on compelling humanitarian factors
• Appeal to the Board of Immigration Appeals or federal court, which can provide additional avenues for challenging a removal order

At the Law Office of Lina Baroudi, we don’t take a one-size-fits-all approach. We take the time to understand each client’s circumstances, priorities, and risk tolerance. We’ll give you an honest assessment of your chances of reopening and work with you to develop a strategy that aligns with your goals.

Don’t Let a Removal Order Have the Last Word

Receiving a removal order can feel like a door slamming shut on your American dream. But as long as you have breath in your lungs and fight in your heart, there’s still hope.

At the Law Office of Lina Baroudi, we’ve stood alongside clients in even the most dire of circumstances. We’ve seen the impossible made possible as removal orders are vacated, families are reunited, and futures are restored.

If you’re facing removal, don’t wait another day to explore your options. Contact our office now for a confidential consultation. We’ll review your case, explain your rights, and develop a tailored strategy to pursue reopening or other relief.