A Motion to Reopen is a formal request initiated after the issuance of an order of removal, submitted to an immigration court or administrative agency, asking to reopen a closed or completed immigration case. This motion is typically filed to introduce new evidence, present changed circumstances, or correct legal errors.
The purpose of this motion is to present previously unavailable evidence for consideration by the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA).
The purpose of this motion is to present previously unavailable evidence for consideration by the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA).
There are various valid reasons to file a Motion to Reopen, including:
1
Ineffective Assistance of Counsel
If your attorney failed to represent you adequately.
2
Change in Circumstances
A change in your situation that makes you eligible for immigration relief, such as cancellation of removal or a fraud waiver.
3
New Case Law
When newly-issued case law directly impacts your removability.
4
Procedural Violations
Instances where violations in the proceedings had a detrimental effect on the case's outcome.
Generally, the Motion to Reopen must be submitted to either the IJ or BIA (depending on the last entity involved in the case) within 90 days of the final order of removal.
For cases where a respondent did not appear in court due to not receiving notice from the Executive Office for Immigration Review (EOIR), there is no time limit to file a Motion to Reopen. However, if you wish to have the order of removal canceled due to your failure to appear, a motion must be filed with the IJ within 180 days, provided exceptional circumstances are claimed.
In cases related to domestic violence grounds for battered spouses, children, or parents of abusive U.S. citizens or lawful permanent residents, the Motion to Reopen must be filed within one year of the final order of removal, unless exceptional circumstances exist.
If the Department of Homeland Security (DHS) supports a Motion to Reopen, there is no time limit. Additionally, an IJ or the BIA retains the discretion to reopen a case independent of time constraints.
For cases where a respondent did not appear in court due to not receiving notice from the Executive Office for Immigration Review (EOIR), there is no time limit to file a Motion to Reopen. However, if you wish to have the order of removal canceled due to your failure to appear, a motion must be filed with the IJ within 180 days, provided exceptional circumstances are claimed.
In cases related to domestic violence grounds for battered spouses, children, or parents of abusive U.S. citizens or lawful permanent residents, the Motion to Reopen must be filed within one year of the final order of removal, unless exceptional circumstances exist.
If the Department of Homeland Security (DHS) supports a Motion to Reopen, there is no time limit. Additionally, an IJ or the BIA retains the discretion to reopen a case independent of time constraints.
Requirements for a Motion to Reopen
- Final decision or closure: The motion can only be filed if the case has reached a final decision or has been closed. It cannot be used to challenge interim or non-final rulings.
- Timely filing: The motion must be filed within the specified deadline, which is typically within 90 days of the final decision. There are exceptions to this deadline for certain situations, such as newly discovered evidence or ineffective assistance of counsel.
- New evidence, changed circumstances, or legal errors: The motion must present new and material evidence that was not available or known at the time of the original decision. Alternatively, it can demonstrate changed circumstances or highlight legal errors made in the previous ruling.
- Meritorious arguments: The motion should provide persuasive arguments explaining why reopening the case is justified based on the new evidence, changed circumstances, or identified legal errors.
- Comprehensive documentation: The motion should include a detailed explanation of the new evidence, changed circumstances, or legal errors that warrant reopening the case. It should be supported by relevant documentation, affidavits, expert opinions, or other evidence.
- Legal analysis: The motion should include a thorough legal analysis, citing applicable statutes, regulations, case law, or legal precedents that support the request to reopen the case.
Please note that the specific requirements, deadlines, and procedures for filing a Motion to Reconsider, Motion to Dismiss, or Motion to Reopen may vary depending on the jurisdiction and the type of immigration case.
It is highly recommended to seek the assistance of an experienced immigration attorney to prepare and file a Motion to Reopen. An attorney can assess the viability of the motion, gather necessary evidence, conduct legal research, and present a persuasive argument for reopening the case.
It is highly recommended to seek the assistance of an experienced immigration attorney to prepare and file a Motion to Reopen. An attorney can assess the viability of the motion, gather necessary evidence, conduct legal research, and present a persuasive argument for reopening the case.