ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases

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Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it is filed jointly by the respondent and the U.S. Department of Homeland Security (DHS).  

In response to a question posed at a recent liaison meeting between the American Immigration Lawyers Association (AILA) and DHS, DHS announced that it will agree to join Motions to Reopen where the respondent entered into a lawful, bona fide, same-sex marriage after having been ordered removed and there is newly-available relief based on such marriage. This applies in matters such asadjustment of status, cancellation of removal, derivative asylum, etc.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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