If you can keep or recover your file, you can keep the following: When a record is «retained», it is kept open. If your case has been placed on the rejection list (but has not yet been rejected), you can ask the judge to keep your case open by filing a motion to keep the case on file and a notice of hearing. If you think your case should be reopened, contact Salmon-Haas` lawyers. Our team has many years of experience as immigration attorneys in San Antonio. We are able to bring you our knowledge and help you get the results you deserve. Contact our firm today and start your new life. However, despite the obvious advantages of a new trial over an appeal, many convicted defendants never attempt to do so. There are several reasons for this. The most important of these is the fact that judges often refuse to authorize new proceedings in criminal cases.

When this is the case, it is almost always due to the correction of an error or injustice that occurred during the initial legal proceedings. (e) Release planning. Once an effective parole date has been set by the Board, release at that time is conditional on the completion of a satisfactory probation supervision plan. The appropriate regional member may, on his or her own initiative, review any case prior to release and reopen and postpone or postpone an effective probation date for release planning purposes. The period without a hearing may not exceed 120 days. Homeland Security files to reopen your folder. In very rare cases, the Department of Homeland Security approves or attaches a request to reopen. Your lawyer may seek ministry approval or approval to reopen, depending on the nature and facts of your case. Due to the nature of the ministry`s submission, there is no timeline for reopening. «Dismissed for not prosecuting» or DWOP means that your case will be dismissed by the judge because nothing happened in your case for a while or you missed a hearing or hearing (that you were aware of). If the immigration court decided to deport you and you think it was wrong, you still have options.

A removal order may also be challenged in certain circumstances. If there is a negative decision, you may be able to request reopening. A request for a retrial asks the court to reconsider the case. To do this, new evidence must be discovered after the case is closed. In a reopened case, the new evidence is heard by exactly the same judge, who then renders an updated judgment. In the case of immigration, the verdict can mean the difference between staying in the country and deportation. Be prepared to explain to the judge why you need to keep the matter on the agenda. Provide proof that you sent the request to keep the matter on file and the notice of hearing to the other party. Bring the decision on request to maintain the file so that the judge can sign it. Remember whether or not the judge can keep your case. Call the clerk`s office. Tell the case officer that you would like to schedule a hearing on an application to maintain the case.

The case officer will give you the date and time of the hearing. (b) Institutional misconduct. The examination of disciplinary violations and allegations of new criminal conduct that occur after a probation date has been set is subject to the provisions of Article 2.14 (in the case of a prisoner with a presumption date) and Article 2.34 (in the case of a prisoner with an effective probation date). His lawyer was incompetent. If you can prove or have established that the lawyer defending you was incompetent, you can ask for reopening. However, the mere dismissal of a case does not necessarily constitute incompetent representation. There are guidelines on what constitutes incompetence under the Immigration Appeals Board. The deadline to apply for reopening may change depending on who you are submitting to.

(a) Information that is favourable to or supports medical parole or humanitarian and compassionate release. Upon receipt of new information of significant importance to the inmate, including medical or other exceptional and convincing information, a member may reopen a file and order a special hearing on the next available file or vary the previous decision. Anticipating an alleged date for dismissal or deciding to continue a new 15-year hearing requires the consent of two members. Before closing a file for non-prosecution, the file officer will send you a letter or email informing you that your file has been placed on the rejection list (list of cases to be rejected by a specific date). You were unable to attend your immigration hearing due to exceptional circumstances. Reopening a case requires you to be present at your initial hearing. If you did not attend your hearing, you will be automatically deported, unless there are exceptional circumstances that prevented you from attending. In this case, you can reopen the case within 180 days of the original judgment. (d) conviction after dismissal. Where the Regional Commissioner is informed after the revocation hearing that a prisoner whose parole has been revoked has been reconvicted for conduct during probation, the Regional Commissioner may reopen the case in accordance with section 2.52(c)(2) for a new special hearing at the next regular hearing to consider the forfeiture of time spent on probation and, if necessary, other measures. The entry of a new order will invalidate a predetermined presumed or actual release date. Your lawyer may use the term request to reconsider their case when talking about your case.

A request for reconsideration, although similar to a request for reopening, is different. Both proceedings are sent to the same judge in the case. However, everyone uses a different action to achieve their end goals. While a request for reopening is based on new facts, a request for review is based on new legal bases. In an application for review, the applicant`s representative must invoke an error of law. The immigrant`s lawyer must then present legal arguments (usually based on precedents where the case is similar) that would support the claim. Once the new argument has been heard, the judge will decide whether to reconsider the case. A request for a new trial is not an appeal. While a request to reopen a previously decided case is reconsidered, an appeal continues to analyse a case even if the case is closed at the main hearing level.