Motion to Reopen

Motion To Reopen A Deportation In An Immigration Case

What happens if you already have a deportation order? What do you do if you lost in immigration court? Maybe you missed your court date and got a deportation order issued in your absence. You can file a Motion to Reopen. This will ask the Court or the Board of Immigration Appeals to look at your case again, in order to evaluate new evidence not previously available or give you another chance at relief because the law has changed. Perhaps you had a bad attorney that hurt your case. These are all reasons that a case can be given a second chance to succeed.

If you’ve already been ordered deported, there are some situations that will allow you to re-open your case. Sometimes people do not receive their notices to appear in immigration court. Other times, they relied on an attorney who incompetently represented them in their immigration court case. Other times, someone might be eligible to get a green card when they were not previously eligible.

There are many ways that an immigration case can be reopened, but much like every other area of immigration law. There are specific rules and regulations that must be followed before a case can be reopened. For example, you generally have 90 days to file a motion to reopen after the deportation order is issued against you. If the deportation order issued against you because you failed to appear at court, you have 180 days to file the motion if you failed to appear because of “exceptional circumstances” (if you were in the hospital, or some massive tragedy struck your family). If you did not show up to court because you did not have notice of the hearing, you can file a motion to reopen at any time. Last, if there is a significant change in the law that can also provide a basis to reopen you case.

A motion to reopen is not the same as an appeal. A motion to reopen is requesting the court take back the deportation order because there are new facts and circumstances in your life that the Court was unable to consider before. Motions to reopen can be a very helpful and effective tool in your case. HOWEVER, YOU MAY GENERALLY ONLY FILE ONE MOTION TO REOPEN. For this reason, it is important to hire an attorney who is experienced with motions to reopen and has a great success rate.