A motion to reopen is a means to provide new facts applicable to your case to immigration authorities.
Were you ordered removed but things changed? Did you recently get married, forget to show up to a hearing, or qualify for other types of immigration relief? Or did the circumstances change, and you have new facts for your case? If your case was closed, we can still help by filing a motion to reopen. Although the immigration judge ordered you to be removed, you still have rights. You can file for a motion to reopen. A motion to reopen is filed with immigration court that is purely fact-based, presents newly discovered facts or changed circumstances since your hearing. You have 90 days to file this motion. Filing a motion to reopen is based on facts, and seeks a fresh determination based on newly discovered facts or a change in your circumstances. Keep in mind that filing a motion to reopen does not guarantee that you can stay in the U.S.
You can reopen your case for submitting a new application, ineffective assistance from a prior attorney and more. You can also ask to reopen your case for the following reasons:
- If you missed your hearing. If you missed your hearing, you must provide evidence of exceptional circumstances of reasons why you missed your hearing.
- If you were not given enough notice to appear for court.
- The BIA reopened your case.
- The government was wrong in their conduct, and prevented you from filing a timely motion or extraordinary circumstances beyond your control made it impossible to file within the timely manner.
- Change in country conditions, for your asylum, CAT, or withholding of removal application.
A motion to reopen for the reasons listed above need to be supported with evidence, such as affidavits, reports, and other new evidentiary material to be introduced to a new application or existing application. If the Judge denies your motion to reopen, it will be based on the following grounds, (1), you did not establish enough evidence for relief, (2), you did not provide enough new evidence or changed circumstances, and (3), the judge’s discretion.
Do not submit a motion to reopen without speaking to an immigration attorney. This motion is for people have been ordered removed. If you are currently in proceedings call us today.