What is a Motion to Reopen Immigration Proceedings?
A Motion to Reopen removal proceedings allows you to ask the immigration judge or the Board of Immigration Appeals proceedings to look at new evidence that might change the result in your deportation proceedings. The fee for the motion is $110 and it should be filed with the administrative body that had control over your case. For example, if the immigration court in Orlando, FL heard your case last, you need to file the Motion to Reopen with the Orlando, FL court even if you no longer live in that jurisdiction.
What allows me to reopen my case?
The most important thing to consider when filing your motion is to have newly available evidence or a major change in the law that would change the outcome in your case. For example, a political change in the country of removal for an asylum seeker which might lead to the person being persecuted has been deemed to meet that requirement. Additionally, a recent case from the United States Supreme Court, the Circuit Court with jurisdiction over your case, or the Board of Immigration Appeals could also serve as new changes that might allow you to reopen your case. Lastly, the birth of a new US citizen child or a recent marriage has also been used to reopen a case before the immigration court.
It is very important to speak to a competent immigration attorney before submitting your motion since this requirement is very crucial.