Court confusion causes client’s adjustment of status to be denied, motion to reopen granted!
August 30, 2023

Table of ContenTS

We are pleased to present another case handled successfully by the Law Offices of Sabrina Li, emphasizing our commitment to our clients.

Our client came to us after she had attempted to file for adjustment of status through her United States citizen spouse, but could not because of an error in her removal proceedings. Our client had originally been granted status as an asylee, but her status was terminated in removal proceedings because she returned to her country of origin when her mother became ill. However, instead of issuing an order simply terminating her status, the Court made an error and instead terminated her removal proceedings.

When our client attempted to file for adjustment of status through her spouse, USCIS was confused and believed that she had been issued a removal order. USCIS then denied her application. Our client attempted to appeal the denial to no avail. Feeling frustrated with the system and out of options, the client called The Law Offices of Sabrina Li.

The difficulty of the case was the complicated procedural history. We knew our client was eligible for the relief she was seeking, but because of an error in submitting the order terminating her asylum, she was unable to apply for her lawful permanent residence, either with USCIS or with the Court.

So, our office filed a motion to reopen the client’s removal proceedings, arguing that her proceedings were terminated in error and that the Notice to Appeal that originally initiated the removal proceedings had flaws which violated the client’s rights in removal proceedings. We also requested that the court reopen her proceedings under the court’s inherent authority. Additionally, we established that our client was eligible for adjustment of status through her U.S. citizen spouse if it were not for the misunderstanding with the order terminating her asylum status.

Our client was finally able to see the light at the end of the tunnel when less than a month later her motion to reopen was granted!

In general, only one motion to reopen may be filed. The motion to reopen should be lodged with the court having administrative authority over the record of proceedings and must be filed within 90 days of the date of a final order. A motion to reopen asks the Immigration Judge or Board of Immigration Appeals to reopen removal proceedings so that an individual may present new evidence and a new decision can be entered following an evidentiary hearing.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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