If someone detained has already been order removed can they still apply for cancellation of removal and adjustment of status(EOIR-42B)
You must consult personally an experienced immigration attorney, if the person has already an order of deportation the attorney must review the possibility to reopen the case. you can call my office for an appointment in Tampa as soon as possible time is of the essence. (813) 333 1309
As attorney Rouselle has said, it may be possible to reopen the case, but you will definitely need the help of an immigration attorney to do so, and determine if it is possible and/or makes sense to do so depending on the facts of the case. See the link below for the American Immigration Lawyers Association for help in finding other immigration lawyers in your area.
If you have a prior removal order, you will first have to file a Motion to Reopen. Speak with and retain immigration counsel to work with. My firm handles these matters.
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
No because he/she already lost his/her opportunity to do so. What he/she must do is to find a legal argument to have the removal proceedings reopened. This is done by filing a motion to reopen (accompanied with a motion to stay). Once the case is reopened, the individual could ask for the relief that he/she qualifies. Very important to know: if the person is detained he/she could be deported any minute unless the aforementioned motions are filed. Do yourseld a favor and hire an experienced immigration attorney today!
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.