Prior Counsel failed to notify of hearing date, Motion to Reopen granted 7 years later!
August 30, 2023

Table of ContenTS

Exciting news from the Law Offices of Sabrina Li! We have triumphed once again in championing the rights of our clients, and we're thrilled to share this victorious story with you.

Our client, facing a distressing order of removal, approached us in her quest for justice. She had been unfortunately misguided by her previous attorney, leading to a series of unfortunate events. Initially, the credible fear of persecution our client experienced had positioned her well for filing an asylum application. However, a critical oversight by her previous attorney – a failure to inform her about a court hearing – cost her this invaluable opportunity. Consequently, she was ordered removed in absentia, a decision made without her being present to defend herself.

The complexity of this case lay in the fact that a considerable seven years had lapsed since the client was ordered removed. We faced the challenge of presenting a persuasive argument for the belated filing of the motion. With the wellbeing of our client and her five-year-old child at risk, we understood the urgency of alleviating their fear of deportation.

Acting with diligence and dedication, we quickly filed a motion to reopen her removal proceedings and requested a stay of her removal order. This action meant she was protected from deportation while her motion was under consideration. Our strong defense rested on the premise that the prior attorney's negligence deprived our client of her rightful chance to defend her case in court and file her asylum application. Furthermore, we asserted that she had been erroneously advised on how to handle her removal order. We boldly implored the court to accept the late-filed motion.

Our relentless advocacy and robust legal strategies paid off! We successfully secured a grant for our client's motion to reopen. Now, she will, at last, have her day in court to present her asylum claim. This victory reiterates our commitment to ensure that justice prevails for all our clients.

A removal order might be rescinded by the Court if an individual did not show up to their court hearing because they did not receive proper notice of the hearing or if the failure to appear was the result of exceptional circumstances. If that is the case, the individual must file the motion to reopen within 180 days. The time limit for filing a motion to reopen could be put on hold if the failure to file was due to the ineffective assistance of counsel in certain cases if the client otherwise acts diligently in filing the motion to reopen.

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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Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

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Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.