20-Year-Old Removal Order Reopened Due to Mental Health and Ineffective Counsel
June 4, 2025

Table of ContenTS

At the Law Offices of Sabrina Li, we never consider a case too old, too difficult, or too late. One of our recent victories illustrates just that—a powerful story of justice delayed but not denied.

A Client Living Under a Shadow for Two Decades

Our client entered the United States in 2001 after fleeing religious persecution in her home country. She had faced arrest and threats back home. Hoping to start a new life in freedom, she sought asylum through a law office in San Gabriel. Unfortunately, what followed was a nightmare of legal misguidance, language barriers, and mental health decline.

In 2002, the Los Angeles Immigration Court issued our client a removal order in absentia. She never received proper notice of her hearing, and her attorney told her that her case had been “closed” or “taken care of.” Believing she had no legal status—but also no way to fix it—she withdrew from public life. Over the years, she developed severe depression, anxiety, and even hallucinations. She didn’t know her case could be reopened—or that her rights had been violated. To make matters worse, by the time she sought help, that attorney had passed away, leaving behind no record, no explanation, and no accountability.

Rebuilding a Life After 20 Years in Limbo

In 2023, after beginning treatment for her mental health and receiving emotional support from her sister, our client found the courage to seek help. That’s when she contacted the Law Offices of Sabrina Li.

We immediately filed a FOIA request to uncover her original immigration records. What we found confirmed her worst fears:

  • Her attorney never filed the necessary documents.
  • She was never properly notified of her hearing.
  • Her failure to appear in court was due to ineffective assistance of counsel and exceptional mental health circumstances—both legal bases for reopening.

Legal Strategy and a Life-Changing Result

We prepared a motion to reopen based on two key legal arguments:

  1. Ineffective assistance of counsel—given the attorney’s failure to advise and represent her properly, and
  1. Exceptional circumstances—her untreated mental illness directly impacted her ability to respond.

The immigration court granted the motion—officially rescinding her removal order after 20 years. For our client, it was the first time in two decades that she could breathe freely, rebuild her life, and hope for lawful status in the country she’s called home for half her life.

Legal Basis: Reopening a Case After the 180-Day Deadline

When someone is ordered removed in absentia for missing a scheduled hearing, U.S. immigration law generally allows them to file a motion to reopen—so long as it’s filed within 180 days and supported by “exceptional circumstances.” But when that deadline has long passed, courts may still reopen a case under equitable tolling, if specific conditions are met.

In this case, we demonstrated that the delay in filing was the result of attorney misconduct and our client’s inability to act due to mental illness. Once she was capable of taking legal action, she did so promptly. The court reviewed our arguments and documentation—and agreed that her situation qualified for an exception to the deadline.

The Law Offices of Sabrina Li: Never too late to help.

If you or someone you know has lived for years under a removal order—or believes their case was mishandled—we may be able to help. Call us today at (213) 375-8096 or email us at info@sabrinali.law. Justice doesn’t expire. Let us fight for yours.

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