🧾 What Is a Motion to Reopen?
A Motion to Reopen is a formal request asking an immigration judge or the Board of Immigration Appeals (BIA) to reopen a case that was previously decided. It is usually based on new facts or evidence that were not available at the time of the original decision.
This motion is commonly used when someone:
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Missed a hearing due to exceptional circumstances
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Discovered new eligibility for relief (e.g., asylum, TPS, family petition)
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Has new supporting documents or testimony
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Faced ineffective legal representation
📅 Deadlines Matter
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A motion to reopen must generally be filed within 90 days of the final removal order.
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Exceptions apply for asylum claims, changed country conditions, or cases involving fraud or ineffective counsel.
📁 Common Scenarios for Reopening
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You never received notice of your hearing
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You were detained or hospitalized on your court date
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You have since married a U.S. citizen or gained a new immigration benefit
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Your home country situation has deteriorated significantly
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Your prior lawyer failed to inform or properly represent you
🏛️ Where Is It Filed?
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If the original decision came from an immigration judge, the motion is filed with the court that issued the decision.
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If the case is at the appeals level, it goes to the BIA.
✅ What Should the Motion Include?
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A written explanation of why the case should be reopened
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Supporting evidence (e.g., affidavits, country reports, USCIS receipts)
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A completed application for relief (if applicable)
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A detailed legal argument or brief (recommended)
🔍 Standard of Review
Immigration judges and the BIA review these motions strictly. You must show:
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The new evidence is material and likely to change the outcome
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The delay is justified or within permitted time limits
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The motion is not frivolous or abusive
🇺🇸 Final Thoughts
Motions to reopen offer a critical chance to revisit a decision that may have serious consequences for your life in the United States. Whether due to new evidence or past procedural issues, this legal remedy can keep your case alive—but success depends heavily on how the motion is prepared and supported.
📞 Contact Borderless Lawyers now to assess your eligibility and defend your right to stay.