Ineffective Assistance leads to Removal Order, The Law Offices of Sabrina Li reopens proceedings!
January 10, 2024

Table of ContenTS

The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

Our client came to us after her husband died. Her husband had been in the process of petitioning for her for seven years prior to his death. The couple had hired two different attorneys and filed petition after petition, but her situation remained unresolved. After the unfortunate passing of her husband, our client wanted to know what could now be done in her case when the petitioner had passed away.

After a thorough review of her file, our dedicated and experienced team uncovered that a mistake by the client’s first attorney caused our client to have an order of removal entered against her more than twelve years prior. The attorney had filed an appeal of the removal order but had again made a critical failure to submit a brief as required by the Board of Immigration Appeals (BIA), so the client’s appeal had been dismissed, making her removal order final. The second attorney failed to adequately file the correct motion or brief and failed to follow the proper procedures to correct the removal order.

Our team’s experience in the area let us immediately pinpoint the correct route to take to correct the issue. We advised the client to allow us to request a reopening of her case with the Department of Homeland Security (DHS) through their inherent Prosecutorial Discretion (PD) power. Since our client was legally admitted to the United States, we knew that reopening her removal proceedings would do away with the removal order and allow her to adjust her status in the United States as the widow of a United States citizen.

We promptly drafted a PD request asking that DHS join in a Motion to Reopen our client’s removal proceedings showing that our client had been the victim of ineffective assistance of her prior attorneys on multiple occasions and showed that she had been making diligent efforts to correct their mistakes and obtain legal status. We also established her eligibility for relief outside of Court.

Our request for PD was approved by DHS! DHS then submitted a Motion to Reopen and Dismiss, which the Court granted. Our client no longer has a removal order and is seeking adjustment of status with USCIS!

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.

PD empowers DHS to make strategic decisions regarding the allocation of its resources in removal proceedings. In the context of PD, DHS has the latitude to concur with a motion to remove a case from the court’s docket, whether through dismissal, administrative closure, or other legal avenues. Additionally, DHS has the authority to consent to various legal stipulations, approve bond agreements, and assent to requests for continuances, among other pertinent legal matters.

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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