A Motion to Reopen: A Second Chance to Win
Motions to Reopen gives those who have been ordered removed (deported), a second chance to stay legally in the U.S. A motion is an attorney's written argument as to why the foreigner should win.
See an Attorney IMMEDIATELY -- 90 Day DeadlineA typical motion to reopen requires that the foreign national file the motion within 90 days of the Immigration Judge's decision. During that time, the foreign nationals may also file for a stay of removal, which if approved, allows them to stay in the United States while the motion to reopen is pending.
DecisionTypically, when a foreign national files a motion to reopen, the government attorneys file a motion opposing that the case be reopened. However, Immigration Judges make their own independent and objective decision as to who is right, based on the facts and the law.
What's New with Motions to Reopen?Judges MUST explain why they are approving or denying a motion to reopen. In a recent unpublished decision, the Board of Immigration Appeals remanded a decision to an Immigration Judge for failure to "make clear and complete findings of fact." The Immigration Judge did not explain the reason for denying the motion to reopen except to agree with the government's opposition.
What Happens if I Win the Motion to Reopen?If approved, a motion to reopen puts individuals back in proceedings with a second chance to hear their case. While their case is pending, they can legally be in the United States. Although the author is a Board-certified immigration expert, this guide is intended as general information and not specific legal advice. This communication does not create an attorney-client relationship. Schedule a consultation with an attorney to address individual concerns.