Motions to Reopen
Miami Immigration Attorneys
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.
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