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.
When should I file my motion?
This is a very tricky question and the answer depends on the circumstances under which you are trying to reopen the case. You should file your motion as soon as the new evidence is available or as soon as the new case gets decided by the court. If you are basing reopening on violations of due process, depending on the jurisdiction, there might not be a deadline, but the motion should still be filed as soon as possible.
What factors should I use to hire an immigration attorney to reopen my case?
The most important factor is experience with reopening cases before immigration courts and the Board of Immigration Appeals. No matter the expense, you should hire an attorney who has done this before. If you are hiring a surgeon to operate on you, you would want a doctor who has conducted the same procedure before. The same criteria should apply to your decision to hire an attorney. Attorney Ahmad Yakzan has helped several individuals successfully reopen their cases, and would be more than happy to help you reopen yours.
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