Immigration Court Motion To Reopen

by Alena Shautsova on Jan. 26, 2022

Immigration Deportation 

Summary: A motion to reopen is necessary when one has an order of removal or deportation but needs a second chance in court. A motion to reopen is different from an appeal where a respondent would ask a higher authority to review the same evidence and arguments. A motion to reopen typically would be filed after a respondent discovered new, previously unavailable evidence that is capable of changing the outcome of the case. Before submitting a motion to reopen, one has to verify that he or she complies with the requirements including deadlines, format, and substance.

A motion to reopen an immigration case with an Immigration judge can be typically filed within 90 days of the judge's order. Generally speaking, a respondent can file only one motion to reopen. However, there are situations when time and limits on the filing of a motion to reopen do not apply. For example, a motion to reopen based on lack of notice for the hearing can be filed at any time; a motion to reopen based on changed country conditions or a sua sponte motion to reopen are not subject to numerical limitations. A motion to reopen may help one to receive relief from the removal, open a path to a waiver, or eliminate a removal bar of 10 or 20 years. 

To learn more about motion to reopen please visit New York Immigration lawyer website for more information. The law office of Alena Shautsova helps non-citizens to overcome their Immigration challenges and receive Immigration benefits in the USA. 

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