Motion to Reopen
A Motion to Reopen is an appeal made to the court or governmental agency that has or last had control over your case. These motions are used to have them rethink a decision that was made because of new information that was not previously available. Our law firm has used these types of motions to help clients apply for relief in which they were not previously qualified for or to raise new arguments and evidence in their case.Eligibility
There are both time and numerical limits on motions to reopen in removal proceedings. You may file one motion to reopen your removal proceedings. Motions to reopen removal proceedings must be filed no later than 90 days after you received your order of removal.
Fortunately there are several exceptions to these requirements. For instance, if your removal was filed in absentia, which means that you were not present during the hearing when the order was made to have you removed from the United States, you may file your motion to reopen within 180 days of the in absentia order if you can demonstrate that your failure to appear was because of exceptional circumstances. Motions to reopen can be filed at any time if the reason you did not appear for your hearing was because you never received noticed of your hearing date or were detained in custody.
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 reopen will state the new facts to be given should the case be reopened and proceedings begin. The motion will need to be supported by affidavits or other evidence that our law office will assist you in preparing. The new evidence must be evidence that is relevant to your case, was not previously available to you, and could not have been discovered or presented at your earlier hearings.
There is no special form for a motion to reopen but needs to be supported by a brief or memorandum of law. There is a specific format that motions to reopen 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 reopen is granted there are many benefits that will flow as a result of that:
- The filing of a motion to reopen 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 reopen 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 reopen 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 reopen 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 reopen 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.