Maria was delighted to find someone to help her with her immigration papers. The sign out in front of the office said “notario” and in Mexico notaries are attorneys.

The notary spoke Spanish and told her not to worry-- that she would soon have a work permit for herself and her husband. The notary pushed some documents in front of her to sign and said, “ sign here—it is for a work permit.” She signed without even reading the document. She would not have been able to read it anyway, as the document was in English. She gave the $4,000.00 in cash. He had helped her sister, so she felt she could trust him.

Soon the work permits came. But then came a notice to go to the Asylum Office in Anaheim. Maria was puzzled. What was “asylum”?

Maria discovered that she and her husband had signed papers claiming that they would be persecuted if they were to return to their home in Mexico. Maria rushed over to the notario’s office—but when she got there, the sign was gone and the office was empty. There was a newspaper article in the Spanish-language newspaper that the notary was in jail for fraud.

Maria was scared. She did not go to the interview date in Anaheim.It wasn’t until several years later that Maria went to see an immigration lawyer about her case. The lawyer investigated her case and found out that the asylum case had been denied because she failed to appear and the case was referred to the Executive Office for Immigration Review (Immigration Court) for a Notice to Appear. The Notice to Appear had been mailed to the notary’s mailing address and Maria and never been notified. The Immigration Judge had deported Maria in absentia, without her being present.

Now Maria had a deportation order on her record. If caught, Maria could face Removal to Mexico.

The immigration judge may vacate an in absentia order of removal upon the filing of a motion to reopen if the respondent did not receive proper notice of the hearing Immigration and Nationality Act Section 240(b (5)( C) (ii).

The motion should be filed with the immigration court having administrative control over the Record of Proceedings 8 Code of Federal Regulations Section 1003.23(b)(1)(ii). The motion would be filed in the court where the in absentia order of removal or deportation was made.

If you have been deported or removed or are not sure of the status of your case with the immigration court, it is important for you to seek competent legal representation to find out your status.

I am a certified specialist in the area of Immigration and Nationality Law with the California State Board of Legal Specialization. Having a certified specialist review your case means that the person has expertise in this area of law and has taken an extra bar exam to qualify as a specialist. In addition, the certified specialist has to have shown that they have done a number of cases in each area of immigration law, passed a review by other immigration lawyers, and kept up with the law by taking courses in the field.

If you or someone you know has a problem like this, contact the office of Vincent W. Davis & Associates. We can help you with your problem.