Motion to Reopen granted after Withholding of Removal
August 30, 2023

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The Law Offices of Sabrina Li is celebrating another victory! We have once again helped a client navigate through complex immigration laws towards a brighter future. Let us share this inspiring journey with you.

Our client, married to a United States citizen, approached us to explore her options for obtaining legal status through her spouse. She had previously secured a withholding of removal in Immigration court, but her dream was to achieve legal permanent resident (LPR) status. Adding complexity to her situation, she had entered the United States using her cousin’s identity under the visa waiver program, with no proof of entry under her own name.

The difficulty in the case is that in order to be granted withholding of removal, an Immigration Judge must first order the individual removed. Thus, we knew our client had an unexecuted removal order in her case, which would not allow her to adjust her status with USCIS.

Equipped with our extensive legal knowledge and a keen eye on emerging case law surrounding the validity of a Notice to Appeal (NTA) without a specified time and date for a hearing, we took decisive action. We filed a Motion to Reopen her removal proceedings, arguing that the original NTA was defective. We further argued that she was now eligible for various applications inside or outside of Court, including cancellation of removal for certain nonpermanent residents and adjustment of status. We urged the court to reopen her removal proceedings, allowing her to apply for these new forms of relief.

We're thrilled to announce that our strategic approach yielded success! The court granted our motion and reopened our client’s case. Now, she is a significant step closer to fulfilling her dream of obtaining a green card! This victory underscores our dedication to empowering our clients on their path towards achieving their immigration goals.

An individual who has been granted withholding of removal doesn't enjoy the same range of benefits as an asylee. While they can apply for work authorization, they are unable to adjust their status to a legal permanent resident, nor can they attain citizenship. Moreover, individuals who win withholding of removal are barred from international travel and lack the privilege to petition for derivative status for their immediate family members.

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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