If your immigration case was denied or you have recently received a removal order, you may feel hopeless.  However, this does not have to mean that your future in the United States is over.  Under U.S. immigration law, you may have the right to ask the court to take another look at your case by filing a Motion to Reopen.  However, deadlines are strict, and the legal process is complex.  As such, it’s important to contact an experienced immigration lawyer as soon as possible to help you determine whether a motion to reopen is the right step for you.  

What is A Motion to Reopen?

A motion to reopen is a formal legal request asking an immigration judge or the Board of Immigration Appeals (BIA) to reopen a decision so new facts or evidence can be considered. This type of motion is different from an appeal as it is not about challenging the legal reasoning of the decision but instead about re-examining the case by presenting new information that was not available earlier.

When Can Someone File a Motion to Reopen?

Individuals may seek to file a motion to reopen in many common situations, such as:

• New evidence: when new documents, testimony, or legal grounds for relief have become available since the original decision or removal order.
• Changed country conditions: Available when conditions in a person’s home country have changed since the original decision.  Persecution now exists that may support an asylum claim, withholding of removal, or Convention Against Torture claim.  In these cases, a motion to reopen may be filed even after the normal deadlines, if such evidence is material and was not available and could not have been discovered at the previous proceeding.
• In Absentia (Missed hearings): If someone failed to appear in court because of lack of notice, medical emergencies, incarceration, or other exceptional circumstances and was ordered removed in their absence, a motion to reopen can be filed to rescind that order.
• Old removal orders: Available when someone seeks an adjustment of status or other relief but discovers they have an outstanding order of removal.

Individuals are allowed only one motion to reopen, though exceptions exist for extraordinary situations.

How And When to File a Motion to Reopen 

A motion to reopen can be filed with the Immigration Court that issued the original decision, or the Board of Immigration Appeals (BIA), depending on where your case is currently located. In most cases, a motion to reopen must be filed within 90 days of the final order of removal. However, there are several important exceptions:

• In absentia cases: If an order was issued in absentia, a motion to reopen can be filed if the absence was due to exceptional circumstances, such as lack of notice, incarceration, or urgent personal matters. If then absence was due to exceptional circumstances, they must file within 180 days.  If the case was missed due to lack of notice or incarceration, the motion to reopen may be filed at any time. 
• Changed country conditions: These motions are exempt from the 90-day rule and may be filed even years later, if new, material evidence is provided.
• Sua sponte reopening: In rare cases, an Immigration Judge or the BIA may reopen a case on their own authority when fairness demands it.

A motion must clearly explain why the new information was not presented earlier and include all relevant evidence to support your claim. It also must have valid service of process on the DHS and accompanied by the required filing fee. A separate stay of removal should be also filed if you wish to prevent deportation while the motion to reopen is pending.

Contact Cruz Torres Legal Services for Assistance with Motion to Reopen 

If your immigration case has been denied or you are facing removal, you must act quickly!  For many non-citizens, a motion to reopen represents a rare and powerful second chance opportunity to fight for their future in the U.S. However, these motions must be filed correctly and on time, often under complex legal rules.  

At Cruz Torres Legal Services, LLC, we understand how to manage these complex matters with the attention and clarity they need. Our remote legal services make it easy for clients in any state to access experienced immigration counsel. Don’t wait! Contact us today to schedule a consultation where we can help file a motion to reopen to give you a second chance at a life in the U.S.