A motion to reopen asks the immigration judge or the Board of Immigration Appeals to reconsider a case in light of new facts, evidence, or law that wasn't available or presented before, most often to seek a new hearing, request additional relief, or undo an in absentia removal order.
Motions to reopen carry strict deadlines and numerical limits, generally one motion within 90 days of a final order, with important exceptions for asylum claims based on changed country conditions and for certain in absentia cases. We evaluate carefully whether your circumstances fit one of these paths before filing.
Who This Helps
- Individuals who received an in absentia removal order and can show they lacked proper notice or had exceptional circumstances for missing the hearing
- Clients with new, material evidence that wasn't available and couldn't have been discovered at the original hearing
- Asylum seekers who can show changed country conditions in their home country supporting a new claim
- Clients whose prior attorney provided ineffective assistance that affected the outcome of their case
- Individuals who became newly eligible for relief, such as through marriage, a new petition, or a change in law, after their case concluded
- Clients seeking to reopen a case for VAWA, U visa, or T visa eligibility that arose after the original proceedings
How We Handle These Cases
Deadline & Grounds Assessment
We determine which exception, if any, applies to your case and confirm whether you're within the applicable filing deadline or qualify for an exception to it.
New Evidence Compilation
We gather and organize the new evidence, country condition reports, or documentation of ineffective assistance that supports reopening.
Motion Preparation & Filing
We draft a detailed motion establishing why the case meets the legal standard for reopening, filed with the immigration court or BIA as appropriate.
Stay of Removal (Where Needed)
In appropriate cases, we request a stay of removal alongside the motion to prevent deportation while it's pending.
Frequently Asked Questions
How long do I have to file a motion to reopen?
Generally 90 days from the date of the final administrative order, and typically only one motion to reopen is permitted per case. There are important exceptions, including for asylum claims based on changed country conditions and certain in absentia removal orders, which are not bound by the same 90-day limit.
I missed my hearing and got ordered removed in absentia, can I reopen my case?
Often yes, if you can show you didn't receive proper notice of the hearing, or that exceptional circumstances, like a serious medical emergency, prevented you from attending. There's no 90-day deadline for a motion to reopen based on lack of notice, though it should still be filed promptly.
Can I reopen my case if my previous attorney made mistakes?
Potentially, through a claim of ineffective assistance of counsel, which requires meeting specific procedural requirements, including generally notifying the prior attorney and giving them a chance to respond. This is a demanding legal standard, but it exists for exactly this situation.
Does filing a motion to reopen stop my deportation?
Not automatically. Filing a motion doesn't by itself pause removal, which is why we often request a separate stay of removal alongside the motion in cases where there's a real risk of deportation before a decision is issued.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.