Motions to Reopen: When You May Get a Second Chance in Immigration Court

Receiving a removal order does not always mean your case is over. In certain circumstances, you may file a Motion to Reopen to present new evidence or correct legal errors.

What Is a Motion to Reopen?

A Motion to Reopen asks the Immigration Court or the Board of Immigration Appeals (BIA) to review a case again due to new facts or changed circumstances.

Common Reasons to File:

• New eligibility for relief (such as marriage to a U.S. citizen)
• Changed country conditions supporting asylum
• Ineffective assistance of prior counsel
• Lack of proper notice of hearing
• Newly discovered evidence

Filing Deadlines

Most motions must be filed within 90 days of a final decision, but exceptions may apply for asylum cases or lack of notice situations.

Why Strategy Matters

Motions to reopen are complex and highly technical. Strong legal argument and proper documentation are essential to success.

If you have a prior removal order, consult with an experienced immigration litigation attorney to evaluate whether reopening is possible.