A Motion to Reopen is a legal request filed by an individual to reconsider a decided immigration case. This procedural tool allows immigrants to present new facts or evidence that were not available or could not have been discovered at the time of the original hearing. In most cases, a Motion to Reopen has strict deadline requirements that must be met in order for the request to be considered.
Unlike an appeal, which focuses on legal errors in the original decision, a motion to reopen presents facts that were unavailable or could not have been discovered during the original proceedings.Â
Firstly, it is important to keep in mind that timing is critical. Generally, a motion to reopen must be filed within 90 days of the final administrative decision. However, certain exceptions exist, usually for asylum cases based on changed country conditions.
The motion is submitted to the authority that made the original decision, usually an immigration judge or the Board of Immigration Appeals. It must contain new, material facts supported by affidavits or other evidence that was not available or could not have been discovered or presented at the previous hearing. In its essence, a motion to reopen gives an individual another opportunity to present their immigration case with information that may not have been accessible initially.
When an adjudicator—typically an immigration judge or a member of the Board of Immigration Appeals—reviews a motion to reopen, it is discretionary. In other words, the adjudicator has the authority to grant or deny the motion based on their judgment, even if all technical requirements are met. This means that there is no guarantee of success, even with seemingly strong new evidence. This is what makes it so critical to work with an experienced and professional immigration lawyer. Experienced attorneys can foresee potential objections and address them proactively in the motion. Moreover, knowing the discretionary nature of motions to reopen, they gather and present a thorough set of supporting documents that go beyond just the new evidence. If the motion faces challenges, an experienced lawyer will know how to quickly pivot to explore other legal options or appeals.
Need guidance in filing a Motion to Reopen? You’ve come to the right place. Book a consultation with one of our top tier immigration lawyers now at Attorney At Law. In the complex world of immigration law, professional legal guidance is not just helpful, but often essential for those who are interested in reopening their cases.
