Motions to Reopen Filed with the Immigration Court or Board of Immigration Appeals

A Motion to Reopen allows you to ask the Immigration Judge (IJ) or Board of Immigration Appeals (BIA) to rethink its decision based on new facts or evidence that were not available during your original removal proceeding. Unlike other motions that argue there was a factual error or misapplication of the law, this is a request to start the case again because the “real story” has changed or was never fully told.

The goal is to prove that if the IJ or BIA had seen this specific new evidence before, the outcome of your case would likely have been different. This evidence must be:

• New and Material: It must be important enough to potentially change the IJ or BIA’s mind.
• Previously Unavailable: You must show that you couldn’t have discovered or presented this information during your actual trial.

Some common reasons to file a motion to reopen include:

• Changed Country Conditions: If you are an asylum seeker and your home country has suddenly become much more dangerous (e.g., a new war or political coup) since your last hearing.
• New Eligibility for Relief: If you recently became eligible for a Green Card (e.g., you married a U.S. citizen) or another form of protection that didn’t exist when you were in court.
• Ineffective Assistance of Counsel: If your previous lawyer made such a serious mistake (like failing to file your application) that it prevented you from getting a fair trial.
• “In Absentia” Orders: If you missed your court date and were ordered deported in your absence, you can file this motion to explain why you weren’t there (e.g., you didn’t receive the notice or had a medical emergency)

You typically have to file a motion to reopen within 90 days of IJ or BIA’s decision. It is important to note that filing a motion to reopen does not automatically stay an order or removal or deportation unless you are challenging an in absentia order of removal or are filing as a battered spouse, child, and parent.