Motion to Reconsider
A Motion to Reconsider is a motion made to the court or governmental agency that has or last had control over your case. These motions are used to correct an error of law or re-investigate the facts of your case.Eligibility
There are both time and numerical limits on motions to reconsider in removal proceedings. You may file one motion to reopen your removal proceedings. Motions to reopen removal proceedings must be filed no later than 30 days after you received your order of removal.
Fortunately there are several exceptions to these requirements. For instance, certain motion from the United States Immigration and Customs Enforcement are not subject to the time and numerical limitations, the immigration judge and the Board of Immigration Appeals (BIA) may reopen cases on their own free will, and the time and numerical limits do not apply to abused to abused immigrants seeking Violence Against Women Act (VAWA), cancellation or suspension of removal, and other types of cases. Please contact our law office to receive information on all of the exceptions because you may qualify for one and not even know it!Procedure
A motion to reconsider must discuss the errors of fact or law that require the immigration court or last governmental agency who had jurisdiction over your case to rethink your claim. This is where our law firm can assist you in finding the key legal precedent decisions that establish that your case was decided in the past on an incorrect application of law or policy. We will help you prove that the prior decision on your case was based on an incorrect application of the evidence or law on the record at the time.
There is no special form for a motion to reconsider but needs to be supported by a brief or memorandum of law. There is a specific format that motions to reconsider must be prepared in so be sure to consult our law office for any questions on your eligibility to reopen your case.Benefits
If your motion to reconsider is granted there are many benefits that will flow as a result of that:
- The filing of a motion to reconsider under the Violence Against Women Act (VAWA), cancellation or suspension of removal, and an in absentia removal order will result in an automatic stay of deportation. This means that you cannot be removed or deported from the United States until the proper immigration court or agency who had jurisdiction on your case makes a ruling on the motion; and
- The ability to fight your case again in order to remain in the United States.
Motions to reconsider are incredibly complex because of the various timing and filing requirements that the law imposes on them. It is important to hire an immigration attorney who has experience in these types of motions and a proven track record. Our law office has been involved in and has won motions to reconsider in the past. This is your chance to fight your case again and we want to be by your side to ensure that your case is given a new chance to be heard.
You need and deserve a law firm and an attorney who will stand by your side while trying to reconsider your case. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when filing a motion to reconsider and what we can do for you at (713) 999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.