Motion to Reopen an Immigration Case: When and How It Works

Motion to Reopen an Immigration Case: When and How It Works

A motion to reopen asks an immigration judge or the Board of Immigration Appeals to revisit a case based on new facts or evidence that weren't available before. It's a powerful tool in the right circumstances, but it comes with strict deadlines and a demanding evidentiary standard.

The General 90-Day Deadline

Motions to reopen generally must be filed within 90 days of a final removal order, with limited exceptions - for example, motions based on changed country conditions supporting an asylum claim can sometimes be filed later. Missing the deadline without qualifying for an exception can be fatal to the motion.

Common Grounds for Reopening

Typical grounds include newly discovered evidence that wasn't available at the original hearing, changed conditions in the home country that affect an asylum or withholding claim, and ineffective assistance of prior counsel (which has its own specific procedural requirements to raise properly).

Why Evidence Quality Matters So Much

A motion to reopen isn't a chance to simply re-argue the same case - it requires demonstrating that the new evidence would likely change the outcome. Weak or generic motions are routinely denied, which is why careful preparation matters.

How Vasquez Law Firm Can Help

If you believe there's new evidence or a legal basis to reopen a past immigration case, time may be limited. Call 1-844-967-3536 for a free evaluation of whether a motion to reopen could apply to your situation.