Motions to Reopen and Appeals

When faced with an adverse decision by the Immigration Court, for example one denying relief and ordering removal, it is important to quickly determine weather to seek reconsideration or appellate review. Strict timelines governing these procedures.

A motion to reopen asks the Immigration Court or the Board of Immigration Appeals to reopen proceedings after a decision has been made, so that new facts or evidence can be considered. The motion to reopen must state the new facts that will be proven at the reopened hearing should the motion be granted. In a motion to reopen, the individual must show that the new evidence is material to his or her case, that it was unavailable at the time of the original hearing, and that the evidence could not have been discovered or presented at the original hearing. Additionally, the motion to reopen must be supported by documentary evidence. There are time and numerical limitations to when and how many motions to reopen an individual may file. The general rule is that a motion to reopen must be filed within 90 days of an Immigration Judge’s order and that an individual is permitted only one motion to reopen. However, in certain situations, a motion to reopen may be considered even if it does not meet the time and numerical limitations.

Appeals from the decision of the Immigration Judge asserting that his or decision was wrong in light of the facts and law, must be made to the Board of Immigration Appeals within thirty days of the decision.

We have extensive experience in Motion and Appellate practice.