For the majority of migrants, deportation seems to be the end of the world. However, it is sometimes possible to request the reopening of a case before an immigration court. But, how to reopen a deportation case? What is a motion to reopen? Today we will see what options exist for you to resolve your immigration status.
A deportation process can be overwhelming for any person since their future in the country is at stake. For this reason, it is best to seek the help of an immigration attorney to accompany you through this difficult time. At Urbina Immigration Law we can assist you. Tell us your case and let’s defend your rights together.
Table of Contents
What is a motion to reopen?
A motion to reopen is a legal request to reconsider a previously decided immigration case. Appears before an immigration court after a final order of deportation or removal has been issued. It must be based on new facts or evidence that was not available at the time of the original ruling.
How to reopen a deportation case?
So, how to reopen a deportation case? This can be summarized in the following steps:
Step 1: Assess eligibility
First, evaluate whether your case qualifies for a motion to reopen and whether this is in your best interest. Remember that there are several types of deportation defenses, and choosing the right one for your case is essential. Therefore, it is best to consult with an attorney before initiating legal action.
Step 2: Collect new evidence
Once you have decided to file a motion to reopen, gather any relevant new evidence that may support it. This could include testimony, medical records, affidavits, letters of support, or other documentation showing changes in your situation since your case was last considered.
Step 3: Prepare motion to reopen
Once you have gathered the new evidence, draft the motion to reopen your case. Be sure to include all relevant details about why your case should be reopened and any new evidence to support your request.
Step 4: Filing with the immigration court
Once you have prepared your motion to reopen, you must file it with the appropriate immigration court. Be sure to follow all procedures and deadlines established by the court for filing legal documents.
Once you have filed the motion, the court will review your case and issue a decision on whether or not to grant the motion to reopen. This process can take time, so be patient while waiting for the court’s decision.
Step 5: Court decision
Depending on the court’s decision, you may need to take additional steps. If the motion is granted, you will need to take certain additional steps to move forward with your case. If the motion is denied, you may still be able to pursue other types of deportation defenses or appeal the decision as necessary.
Keep in mind that this is an extremely complex process, in which any hasty legal action could complicate your case. Therefore, it is best to consult with an attorney to assist you every step of the way. At Urbina Immigration Law we can help you. Contact us today and defend yourself against deportation.
What is the difference between a motion to reopen and a motion to reconsider?
As we have mentioned, a motion to reopen seeks to review a decision based on new facts or relevant evidence not previously presented. A motion to reconsider, on the other hand, requests review of a decision due to an incorrect interpretation of law or policy, without considering new facts or evidence.
Confusing these motions may result in the nullity of your motion. Therefore, it is important to consult with an attorney before taking any legal action. Do not risk your future by facing these processes on your own. At Urbina Immigration Law we can help you. Talk to a lawyer and defend yourself against deportation.
Practical example
Let’s look at this example to better analyze the difference between a motion to reopen and a motion to reconsider: Maria filed an application for adjustment of status based on her marriage to a U.S. citizen, but it was denied due to an incorrect interpretation of the law by the court.
During her hearing, Maria was unable to present certain crucial documentation that would demonstrate her eligibility for adjustment of status. A motion to reconsider would be appropriate in this case, as it seeks to correct a legal error without presenting new facts or evidence.
What are the grounds for filing a motion to reopen?
There are two reasons why Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS) might accept a motion to reopen:
- Appearance of new evidence, facts or other compelling exceptional circumstances that were not taken into account at the time of the original ruling.
- That you have been prejudiced due to the poor performance of your attorney during the original proceeding. In these cases, you should do the following:
- Submit an affidavit explaining the agreement with the former attorney regarding legal representation.
- Present evidence that the former attorney has been informed of the allegations and given an opportunity to respond.
- Show that a complaint against the former attorney was filed with the appropriate disciplinary authorities, or explain why no such complaint was filed.
Note that the motion to reopen your case is one of many options for defending against deportation. Choosing the most suitable for your case is essential. Therefore, it is best to consult with an attorney before initiating a proceeding. At Urbina Immigration Law we can help you. Tell us your case and let’s defend your rights together.
How long do I have to file my motion to reopen?
A motion to reopen a case must be filed within 90 days after the date of entry of a final order of removal. However, there are exceptions to this deadline:
- Removal order “in absentia“: In these cases, you may file your motion to reopen within 180 days if there were “exceptional circumstances,” or at any time if you did not appear at the hearing because you were in state or federal custody.
- Agreement with the authorities: The government agrees to file a joint motion to reopen without time limit.
- Changes in Country of Origin Conditions: In the case of an application for asylum or withholding of removal based on changes in country conditions that could not be discovered or presented at the original hearing there is no time limit for filing a motion to reopen.
- Motion based on exceptional hardship or extreme violence: If the motion is based on extreme cruelty or exceptional and extreme hardship to a U.S. citizen or resident relative and the motion is accompanied by a request for cancellation of removal, there will be no time limit for filing.
Filing deadlines are key to filing a motion to reopen. Therefore, it is best to consult with an immigration attorney to file at the appropriate time. Don’t risk your future by facing an appeal on your own. At Urbina Immigration Law we can help you. Tell us your case and defend yourself properly.
What kind of evidence and documentation do I need for my motion?
To file and support a motion to reopen your case, you must submit the following documentation:
- Form I-290B, Notice of Appeal or Motion
- Form N-336, Request for Hearing on a Section 336 Naturalization Proceedings Decision (if appealing a decision on a Form N-400, Application for Naturalization).
- Form I-694, Notice of Appeal of a Decision Under Sections 245A or 210 of the Immigration and Naturalization Act (if appealing a decision on special immigrant worker, legalization, and cancellation of status applications).
- Form EOIR-29, Notice of Appeal of a DHS Officer’s Decision to the Board of Immigration Appeals (if appealing a decision on a Form I-130, Alien Relative petition or other decisions that are appealed to the BIA).
- New evidence material, among others:
- Affidavits
- Testimonials
- Medical records
- Official reports on changes in conditions in the country of origin
- Letters of support
Please note that the presentation of new evidence is critical to any motion to reopen. Therefore, it is best to seek the help of an attorney to gather the necessary documentation. At Urbina Immigration Law we can assist you. Contact us and let’s get your paperwork in order.
What are the grounds for filing a motion to reopen?
The most common grounds for filing a motion to reopen are:
– Withholding of deportation.
– Asylum and withholding of removal.
– Relief under the United Nations Convention Against Torture (CAT protection).
– Adjustment of status.
– NACARA 203 relief.
– Ineffective assistance of counsel.
Can you deport me while my motion is pending?
Yes, you can be deported while your motion is pending. You should note that filing a motion to reopen does not change the underlying deportation order. Therefore, it is best to consult with an immigration attorney before initiating any legal action.
Can I appeal if my motion to reopen is denied?
Yes, you can appeal the denial of a motion to reopen to the Board of Immigration Appeals (BIA) and subsequently to the U.S. Court of Appeals for the Ninth Circuit in most cases.
However, it is crucial to act quickly, as there are limited time limits for appealing an immigration decision. Therefore, it is best to consult an attorney immediately to avoid losing the right to appeal.
What happens if I leave the country for voluntary departure?
In the event that he or she opts for voluntary departure and fails to comply with the deadline for departure, the motion to reopen will be denied for failure to comply. This is known as the “Fugitive Disentitlement Doctrine” under which, by refusing to depart as required, the alien has waived his right to reopen the case.
Motion to reopen granted: What’s next?
Once your motion to reopen your case is granted, you will be allowed to present the new evidence. The immigration judge will analyze it and rule on the case based on the new documentation submitted. However, this does not guarantee that the deportation will be cancelled or that the process will be finalized.
Once the judge rules, it will have to continue its legal path through other avenues, either through another defense or through an appeal. Therefore, it is best to seek the help of an immigration attorney to guide you every step of the way. At Urbina Immigration Law we can help you. Contact us and get the legal help you need.
Sources
USCIS – Questions & Answers: Appeals & Motions
Other resources
Classification of Deportations in the U.S.
What to do if you have a deportation order?
What are the reasons to deport a person from the United States?
How to avoid deportation in the U.S.: the complete guide
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
What is a Migratory Waiver and how should I apply for it?
What is an I601 Waiver and what is it for?
How long does it take to resolve a deportation appeal in the United States?
