In the realm of immigration appeals, it can be easy to confuse terms like "motion to reopen" and "motion to reconsider." These legal tools, while serving similar overarching goals, are distinct in their applications, requirements, and potential outcomes. In this informative article, we will dive deeper into the main differences between these two actions. We will highlight the motions’ key elements and provide a comprehensive explanation on when and how to employ these critical legal mechanisms effectively.
A Motion to Reopen is a legal request to reopen proceedings that have been closed or completed. This motion is typically filed when new evidence or changed circumstances come to light that could potentially alter the outcome of the case. The primary purpose of this motion is to allow for the consideration of new material facts that were unavailable or unknown at the time of the original proceeding. Common scenarios that may call for a motion to reopen include:
There are several crucial requirements needed in order to file a motion to reopen, such as the need to demonstrate that the new information would likely change the outcome of the case. Further, the motion usually must be filed within 90 days.
A motion to reconsider, on the other hand, is a request submitted to the court to reexamine a decision based on errors of law or fact in the initial ruling. This motion does not typically introduce new evidence. Instead, it argues that the judge made a mistake in applying the law or interpreting the facts presented during the original proceedings. A motion to reconsider may be filed in the following scenarios:
Motions to reconsider are typically filed within a short time frame, usually within 30 days. In these cases, it is necessary to identify specific errors of law or fact in the original decision. Moreover, you should provide legal arguments or references that support such errors.
As explained above, while both motions to reconsider and motions to reopen are used to address unfavorable outcomes in an immigration court, they serve different purposes and have distinct requirements.
The key aspect of a motion to reopen is the introduction of new, previously unavailable evidence that could potentially change the outcome of the case. For instance, imagine a situation in which an individual's asylum claim was initially denied, but conditions in their home country have significantly deteriorated since the original decision. In this situation, they might choose to file a motion to reopen to present evidence of these changed circumstances. It is essential to note, however, that the evidence must be unable to be discovered or presented at the original hearing. This prevents individuals from wasting court resources to rehash old arguments or present evidence that could have been submitted earlier, but the appellant chose not to. Generally, a motion to reopen must be filed within 90 days of the date of the original decision, although there may be exceptions to the deadline such as in cases of asylum appeals.
Alternatively, unlike a motion to reopen, a motion to reconsider does not involve new evidence. Instead, it asks the decision-maker to review the case again, taking into account the same evidence but this time, with a different interpretation or application of the relevant laws. For example, one may choose to file a motion to reconsider an asylum application, stating that the judge misapplied the legal standard for “well-founded fear of persecution.” In other words, while the facts of the case remain the same, the individual in this scenario believes the facts were improperly interpreted by the immigration judge. Usually, a motion to reconsider must be filed within 30 days of the date of the original decision. This is due to the fact that the motion is already based on existing evidence.
Both motions to reopen and motions to reconsider are crucial tools in U.S. immigration law. While the terms are similar in their nature, they have very different purposes and it is crucial to understand the differences between the two motions. These motions can be complex and time-sensitive, requiring a deep understanding of immigration law. For personalized assistance with an immigration appeal, schedule a consultation with an expert immigration lawyer today at Attorney at Law. One of our experienced immigration attorneys can help determine which motion might be appropriate for your situation, and guide you through the intricate process of preparing and filing these motions.
