The best strategy to win an asylum case can sometimes be reopening a prior denial from the Immigration Court or the Board of Immigration Appeal.

When a foreign national has been ordered removed by Immigration Court because she did not attend the hearing, that decision can be reopened if the foreigner can demonstrate that she never received written notice of the hearing. This has happened in cases where the Citizenship and Immigration Service sent a notice to the improper address, even if only the zip code is wrong. Generally, a Motion to Reopen must be filed no later than ninety days (90) after the final decision. Likewise, a Motion to Reconsider must be filed within thirty (30) days after the decision of the Board of immigration Appeals or the Immigration Judge's decision. However, there is no time limit on reopening a removal order based on the fact that the foreign national did not receive notice.

A Motion to Reconsider is different in the sense that it is a request to reexamine the decision in light of additional legal arguments, a change in the law, or perhaps an argument or aspect of the case which was over looked. For example, if the decision was denied because the foreigner could not demonstrate asylum based on political opinion, a motion to reconsider would request that the Immigration Judge consider asylum based on the totality of harm suffered.

Only an Immigration Attorney can determine whether there are sufficient legal arguments to win a Motion to Reopen or a Motion to Reconsider. In addition, only a legal professional with experience before the appropriate authorities can best determine the correct strategy for a foreign national's case. If a Circuit Court of Appeals is amenable to granting a foreign national's case, a Motion to Reopen or Reconsider may not be the best strategy. Likewise, if an Immigration Judge is known for his high rate of denials, an appeal to the Board of Immigration Appeals may be the wiser course of action. To determine what strategy best suits your personal circumstances, contact Blandon Law at (954) 385-0157.