Was Your Immigration Case Closed? There’s Still Hope
If you received a deportation order or your case was closed due to an unfavorable decision, you may still have a second chance. Reopening an immigration case allows the court to reexamine your situation if there is new evidence or a legal error in the original process. This legal tool can make a critical difference in your immigration journey.
What Is a Motion to Reopen?
A motion to reopen is a formal request submitted to the immigration court or the Board of Immigration Appeals (BIA), asking that a previously closed case be reconsidered. This motion must be supported by new facts or evidence that was not available during the original hearing.
For example, if you married a U.S. citizen after your case was closed or if the judge made a legal mistake, you may have grounds to request reopening.
Requirements to Reopen an Immigration Case
To have your motion considered, certain criteria must be met:
Filing Deadline
The motion must generally be filed within 90 days of the final decision. However, exceptions may apply in the following situations:
- You never received proper notice of the hearing.
- You experienced a medical or family emergency.
- There was fraud or legal error in your case.
New and Relevant Evidence
You must provide new and material evidence that was not previously submitted. This could include:
- Changes in your family or immigration situation.
- New laws or policies that apply to your case.
- Evidence that was unavailable due to circumstances beyond your control.
Strong Legal Basis
You must show why the case should be reopened under immigration law. It’s not enough to simply disagree with the previous outcome. A strong motion should explain a legal or factual reason why reopening is justified, such as a misinterpretation of the law or violation of your rights.
What If You Have a Removal Order in Absentia?
If you were ordered deported in absentia (for failing to appear in court), you may still file a motion to reopen if:
- You never received the hearing notice.
- You missed the hearing due to a valid emergency.
In these situations, the 90-day deadline may be extended.
Why You Need an Immigration Attorney
Filing a motion to reopen is legally complex. An experienced immigration attorney can help you:
- Evaluate if you have a solid case.
- Draft and submit the motion correctly and on time.
- Collect and present supporting evidence.
- Represent you before the court or the BIA.
A poorly prepared motion may be denied immediately, closing the door to your immigration options.
Do You Want to Reopen Your Case? Let’s Talk
At J. Molina Law Firm, we have extensive experience helping immigrants reopen their cases and fight deportation. Every moment matters when it comes to your immigration status. Contact us today for a consultation and find out if you’re eligible for a second chance.
Your future deserves another opportunity. Call us now and get the strong legal support you need.
