We have done many of these over the last year with a surprising level of success. That means, the family comes to us days after the alien is arrested on the old order, and sometimes less than 24 hours before they are to be removed, we file a motion with the necessary statements and evidence, resulting in an automatic stay. Many times they are released from detention once the old order is reopened.
Not all of our cases dealt with lack of notice cases. Sometimes they are based on the persons fear of returning to their home country, where they did not previously file for asylum. Sometimes they are based on new forms of relief the person was not eligible for until recently. These kinds of cases are far more difficult, and do not all carry with them automatic stays of removal, requiring that we get an additional order from the court immediately staying their removal, at least until a decision is made on the motion to reopen.
Motions like this can be an absolute miracle for the families involved who go from being told their loved one will be deported in the next few days to having them back home with a chance to fight for their right to remain in the U.S. Certainly, if you have a loved one arrested by ICE, contact an attorney right away, as you may not have any idea that they have an old order of removal and if you wait, they may be gone before you know it.
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