A motion to reopen a case in immigration court is established by bringing new facts that were unknown or were unavailable at the time of the original hearing. Whereas a motion to reconsider is based on the incorrect application of law or policy in the initial decision, such as denial of constitutional rights.
It is important to know that in order for one to be able to file a motion to reopen, it must be filed within 90 days after the entry of a final order of removal, deportation, or exclusion. However, there are some exceptions, such as an immigration who had a removal order that was in absentia, which is if the immigrant was unable to attend or because he or she was in custody.
In order for an immigration to reopen a case, it takes a skilled immigration appeal lawyer to work with you. Immigration appeal lawyers are well-versed in these types of cases, therefore, you should consult with one so he or she is able to give you the legal advice you need.
Common Grounds for Filing a Motion to Reopen
A motion to reopen an immigration case is commonly used are often for applying for the following:
- Suspension of deportation
- Asylum and withholding of removal
- Relief under the CAT protection, which is the Convention Against Torture
- Adjustment of status
- NACARA 203 relief
- Ineffective assistance of removal
Keep in mind that the immigrant does not need to reopen a case on these grounds unless there are new adjusted facts that were not raised at the original hearing.
When a Motion to Reopen Must Be Filed
There are very few exceptions; however, typically, a motion to reopen must be filed within 90 days of the date when the order of removal, deportation, or exclusion was made final.
Here are the exceptions to the 90-day limitation rule:
- The immigrant was in absentia and there were exceptional circumstances (180 days).
- The government agrees to file a joint motion to reopen (no time limit).
- Application for asylum or withholding of removal due to the country’s changed conditions, which were not discovered or given during the initial hearing (no time limit).
- Battered spouses, children, or parents (no time limit).
Would the Government Agree to Reopen My Case?
The government may agree to reopen a case, which is called a joint motion to reopen and is filed with the Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS).
There are certain circumstances in which the government would be willing to file a joint motion. For instance, the immigrant may have powerful evidence of a health problem or other approved circumstances.
Evidence Needed to Support a Motion to Reopen
In order for one to file a motion to reopen, he or she must have evidence that is new, credible material that would support the case. A few examples of this would be affidavits, official reports about changed conditions in the home country of the immigrant, and more. In addition, there must be proof that this information was unavailable at the previous hearing because it either had not been discovered or could not be presented.
Whatever it may be, you should always have an immigration appeal attorney to help you with the immigration appeal process. By consulting with a qualified immigration appeal lawyer, this will be extremely beneficial to your case, as there are several legalities that need to be considered.
Speak to a Lawyer Today
If you or someone you know is interested in filing a motion to reopen an immigration case, do not hesitate to get in contact with an immigration lawyer Pasadena. At Alami Law, we know what it takes to get you the help you need and will assist you from start to finish.