According to Florida Rule of Criminal Procedure 3.852(f), upon the entry of an appropriate court order, sealed containers subject to an inspection by the trial court shall be shipped to the clerk of court. The containers may be opened only for inspection by the trial court in camera. The moving party shall bear all costs associated with the transportation and inspection of such records by the trial court. The trial court shall perform the unsealing and inspection without ex parte communications and in accord with procedures for reviewing sealed documents.
Motion to reopen after removal is a legal process that allows individuals who have been deported or removed from a country to request the reopening of their immigration case. This motion is typically filed with an immigration court to present new evidence or demonstrate changes in circumstances that may warrant reconsideration of the removal order. It serves as a final opportunity for individuals to argue their case and potentially reverse the removal decision. There are several types of Motion to reopen after removal, each serving a distinct purpose in the immigration proceedings. These include: 1. Motion to Reopen for New Evidence: This type of motion is filed when individuals have acquired new evidence that was not previously available or known during their initial immigration proceedings. The evidence must be material and likely to affect the outcome of the case. It could include new documentation, witness statements, or expert opinions that support their claim for relief from removal. 2. Motion to Reopen for Changed Circumstances: This motion is filed when individuals can demonstrate a significant change in circumstances that materially impacts their eligibility for relief from removal. For example, if their home country's political situation has worsened, putting them at risk of persecution, or if they have developed a medical condition that was not present during their initial immigration proceedings. 3. Motion to Reopen based on Ineffective Assistance of Counsel: This type of motion is filed when individuals can prove that their previous legal representation provided ineffective assistance, which may have resulted in an unfair or erroneous outcome. In such cases, they must demonstrate that the attorney's actions or omissions fell below the standard of competence expected from a reasonably skilled attorney. 4. Motion to Reopen for Lack of Notice: Individuals may file this motion if they can establish that they were not properly notified of their immigration court hearing or were unable to attend due to exceptional circumstances. The motion aims to allow individuals to present their case with the guarantee of due process. 5. Motion to Reopen for Administrative Closure: In some cases, an immigration judge may administratively close a removal case if there are factors warranting a suspension of removal proceedings, such as pending visa petitions or ongoing investigations. The motion to reopen is filed to resume the proceedings and address the underlying immigration matters. It is essential to adhere to specific procedural requirements, such as filing deadlines, providing supporting evidence, and explaining the reasons for reopening the case, when submitting a Motion to reopen after removal. Legal assistance is highly recommended navigating this complex process effectively.
