Motions to Reopen Immigration Decisions

If your case was denied by the Immigration Judge or Board of Immigration Appeals, and you have new evidence to present, you may need to file a Motion to Reopen your case.

A Motion to Reopen is different from an appeal. In an immigration appeal, it is normally not possible to present new evidence. The purpose of an appeal is to ask a higher court to change the decision of the lower court by arguing that, based on the evidence in the record, the court made a mistake. If you have evidence that was not presented that might change the result in your case, you may need to file a Motion to Reopen.

A Motion to Reopen a case can be a highly effective tactic for obtaining favorable rulings on originally denied applications for cancellation of removal, waivers of inadmissibility asylum, adjustment of status and many other immigration remedies.

There are deadlines for filing Motions to Reopen, and you should consult with an attorney as soon as possible if you think you need to file a Motion to Reopen. With some exceptions, a Motion to Reopen normally has to be filed within 90 days of the decision of the Board of Immigration Appeals.

To learn more about our ability to obtain relief through a motion to reopen, contact an immigration lawyer at Wiley & Jobson.