How to Reopen a Case in Federal Court

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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. To avoid unnecessary costs and delays, the rule is amended so that a file can be reopened without the appointment of a trustee if the services of a trustee are not required. (d) requests to reopen files under Chapter 13. A Chapter 13 retrial request for the reopening of the case must comply with the provisions of Local Rule 9013-1(E). If there was a legal deadline to file your file and it is exceeded, you may not be lucky. Talk to a lawyer if there was a legal deadline to file your case. Section 350 (b) of the Code provides: «A case may be reopened in the court where it was closed in order to administer assets, grant redress to the debtor or for other reasons.» Sokhn Law has extensive experience in successfully appealing negative decisions from USCIS or an immigration judge. If you have received a negative ruling on your petition or petition to USCIS or an immigration judge, it is important that you contact an attorney immediately to meet filing deadlines. We analyze your case, give you an honest assessment and, if possible, vigorously advocate to overturn the negative decision in your case.

A request to reopen is different from a call and can be a very effective tactic. If you have evidence that has not been presented that could change the outcome of your case, you may need to file an application to reopen. This application can be used for deportation relief, inadmissibility waiver, asylum, status adjustment, and many other immigration measures. 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. A case is requested to be appealed to a higher authority than the president of the court. This higher authority, such as the Immigration Appeals Board, will then decide whether the evidence is justified. Unlike the appeal, the application for review is heard by the same judge.

In addition, the application can only be heard if new evidence comes to light. An appeal looks at the same situation and decides whether the judgment is valid or should be set aside. If your case has been dismissed by the immigration judge or the Immigration Appeals Board and you need to provide new evidence, or if you believe that your former lawyer did not adequately represent you and that this had a negative impact on your case, you may need to file a motion to reopen your case. 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. (b) Reopening to change schedules to add an exempt creditor. In an individual case without assets under Chapter 7, a request for resumption of the procedure to change the schedules for the addition of a defaulting creditor (1) shall be accompanied by the filing fee in accordance with subsection (A) of this Rule, (2) a proposal for a decision to be attached to the local form «Order the reopening of the case to the modification schedules to add an obfixed creditor, and (3) must indicate why the debtor did not register the affected creditor(s) before registering the debtor`s debt relief.

The application must be served in accordance with insolvency rule 7004 in accordance with the procedures set out in local rule 9013-1(D)(3)(i) or local rule 9073-1. Any affected creditor may object for any reasonable reason, including, but not limited to, the fact that the debt in question is of a type referred to in subsection (2), (4) or (6) of section 523(a) of the Bankruptcy Act and that the creditor did not have sufficient notice or actual knowledge of the matter to request a timely decision of excusability. No trustee is appointed. If the debtor does not comply with the order in time, the case will be dropped without further notice. If you can keep or recover your record, you can keep the following: [Comment: See also 11 U.S.C. §350(b) (Reopening of file).] (1) the proceeding is reopened to correct an administrative error or to take steps concerning the discharge of the debtor; If a case 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. Although a case has been closed, the court can sometimes act without reopening the case. Rule 9024 provides that clerical errors in judgments, orders or other parts of the record or errors in them caused by an oversight or omission may be corrected. A non-exemption decision under Article 4007 may be enforced after the case has been closed by means of an enforcement order under Article 7069.

4. The purpose of the application is to resume Chapter 11 proceedings involving a single debtor whose case was closed after the validation of a plan but before discharge. 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. Sometimes an immigration judge will decide unfavorably in your case. You have the right to appeal this decision.

An appeal against an immigration court decision usually involves challenging the legal reasoning behind that decision. In some cases, the law is misinterpreted; In other cases, we can argue that the court overlooked evidence in the record that led to an erroneous decision. (h) the reopening of the file in order to submit the local forms necessary for granting discharge. In cases closed under Chapter 7, 12 or 13 without registration of the discharge under Local Rule 4006-1, the debtor may attempt to reopen a case for debt relief against the required reopening costs and the filing and service of insolvency rule 1007(b)(7) or local rule 4004-3(A)(3) or (4) in order to obtain debt relief. Rule 1007(b)(7) and Local Rule 4004-3(A)(3) or (4). 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). If a file is «reopened», it will be resumed after being abandoned. If your case has been dismissed for failure to prosecute, you can ask the judge to reopen your case by filing a request to reopen the file in the file and in the Notice of Hearing (if you file within the time limit described below). 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. (g) Reopening of the case for the submission of the formal insolvency form entitled «Certificate of Financial Management Course». If proof of completion of the required financial management course is not provided until the file is administratively ready for closure, the file is closed without registration of the discharge. If the debtor subsequently complies with the requirement, it may file the certificate with a request for new court proceedings to request registration of the discharge and payment of the required reopening fee in accordance with Local Rule 9013-1(C)(20). 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. (c) Reopening to manage additional assets.