Motions to Reopen
An individual may move to reopen or to reconsider a previous decision by
filing a timely motion with an Immigration Judge or the BIA. A motion
to reopen can be filed to introduce new or additional evidence that is
material but was not available at the original hearing.
A motion to reconsider can be filed with the court to seek a reexamination
of the decision based on alleged errors of law and facts. Unless an exception
applies, a party may file only one motion to reopen and one motion to
reconsider. With a few exceptions, a motion to reopen proceedings must
be filed within 90 days of the final removal order, while a motion to
reconsider must be filed within 30 days of the date of the final order.
An exception to the time and numerical limitations of filing a motion to
reopen is a joint motion to reopen. A joint motion to reopen is a motion
where the government and the respondent, through counsel, agree to move
the court to reopen removal proceedings. This generally occurs when there
is new evidence such as an approved family-based petition through marriage,
which was not available prior to the issuance of an order of removal.
An in absentia order of removal is one that is entered when you are not
present in court. A motion to reopen removal proceedings based on an in
absentia order of removal may be successful when it can be shown that
you did not receive the notice of hearing. The filing of a motion to reopen
to rescind an in absentia order of removal based on a lack of notice serves
as an automatic stay of your removal.
If you would like more information about Motions to Reopen, contact Revilla
Law Firm today to schedule your Free Initial Consultation 305-858-2323.
Miami Immigration Attorneys
2250 SW 3rd Avenue, Suite 501
Miami, FL 33129
Phone: (305) 858-2323
Fax: (305) 858-2321
Feel free to email us at:
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