Motions to Reopen or Reconsider After a Removal Order
Motions to Reopen or Reconsider After a Removal Order
A removal order is not always the end of the road. In certain situations, you may be able to file a motion to reopen or a motion to reconsider. These motions are time-sensitive and must follow strict rules.
Legal Background
Motions to reopen and reconsider are governed by immigration court regulations and BIA precedent. The type of motion you file depends on whether you have new evidence or believe the judge made a legal error.
Motion to Reopen
A motion to reopen asks the court to look at new facts or evidence that were not available at the time of the hearing. Common reasons include:
- New evidence supporting a form of relief
- Ineffective assistance of counsel, if properly documented
- Changed country conditions for asylum or related protection claims
The general deadline is 90 days from the final order, but there are exceptions.
Motion to Reconsider
A motion to reconsider argues that the judge applied the law incorrectly or overlooked key legal arguments. It must identify specific legal errors and cite authority. The general deadline is 30 days from the final order.
Special Rules for In Absentia Orders
If you were ordered removed because you missed a hearing, different rules may apply. You may be able to reopen the case if you did not receive proper notice or if exceptional circumstances prevented you from appearing. These motions have specific deadlines and evidence requirements.
Practical Steps
- Identify the correct motion. Reopen is for new facts, reconsider is for legal error.
- Gather evidence quickly. Time limits are strict and extensions are rare.
- Follow filing rules. Include proof of service on DHS and comply with page limits.
- Explain why the evidence matters. The court needs a clear reason to revisit the case.
Common Pitfalls
- Missing the deadline. Late motions are often denied unless a specific exception applies.
- Submitting weak evidence. The evidence must be material and relevant to the relief sought.
- Not following procedure. Motions can be rejected for technical errors.
When to Seek Legal Help
These motions involve complex legal standards and strict filing requirements. An attorney can evaluate the best strategy, draft the motion, and ensure compliance with the rules.
If you have a removal order and need to explore your options, schedule a consultation.
This post provides general information and is not legal advice. Laws can change, and your facts matter.
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