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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4746
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My cousin was detained in an expedite removal proceeding.

Customer Question

My cousin was detained in an expedite removal proceeding. She came in about 5 months ago. We hired attorney to represent her in bond hearing. Due to the identity documents delayed, her bonds hearing was continued. In last hearing, the immigration judge ordered her to file asylum application in next Master hearing. But, somehow her attorney and she mistakenly believed that she was entitled to have a Bond hearing because she has no one yet. Her attorney submitted Bond request to the ICE two weeks before the Master hearing and expected to receive a Bond form the ICE, but he did not receive anything prior the Master hearing. We did not pay the lawyer for asylum, he asked for a continuance to file asylum, but it was denied. my cousin got a removal order as abandonment. Now we want to hire someone to file a motion to reopen to allow to submit asylum application. It was a honest mistake and we now have asylum application ready to file and we will pay the attorney for asylum hearing.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

If your cousin believes that the immigration attorney that he hired did not provide him adequate representation or gave ineffective assistance then, he does have the right to file a Motion to Reopen at any time. He can also try to submit a Joint Motion to Reopen to the ICE Chief Counsel and have them join your cousin in asking the judge to reopen the case. Both are options that he would have to look at and discuss carefully depending on details of his case. That would go beyond the information that can be provided on this website. But yes, I can confirm that he has the option to try that.

Please let me know if you had a more specific question regarding this if I did not answer it.


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Customer: replied 1 year ago.
Sorry, we do not believe that we have a claim of counsel because he advised us to pay his fee to file asylum application and we did not hire him for asylum and wanted him to push for Bond. We do not want to file a motion on this claim. We would like to have any other legal reasons and case law.
Expert:  Jen Marie, Esq. replied 1 year ago.

As I mentioned, the other option is the Joint Motion to Reopen. That is a motion that is filed directly with the ICE Office of the Chief Counsel asking them to join you in requesting that the judge reopen the case. You would have to convince them of why the case is worthy of being reopened. If the Chief Counsel is in agreement then the judge will usually reopen the case. I would suggest that you get an attorney to help prepare this as it will need to have specific language and there is specific protocol on how to file it.

I hope this helps and I hope I have earned your positive rating. Best of luck to your cousin.

Expert:  Jen Marie, Esq. replied 1 year ago.

Hello there:

I am just checking in to see if you were able to read the last answer I sent you and if you had any follow up questions. Please let me know. Hopefully I have earned your positive rating, that is the only way we experts receive credit on this site. Thanks.

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