Motion to reopen sample A. Jun 5, 2025 · This comprehensive guide will walk you through all you need to know about filing a Motion to Reopen. D. This template is applicable to individuals seeking a stay of deportation in conjunction with the filing of a motion seeking to reopen removal proceedings in whole, or in part, to apply for asylum, withholding of removal, or protection under the United Nations Convention Against Torture. 21 I&N Dec. Instead, it represents only a portion of a motion to reopen You can use one of the templates below for a motion to reopen if you qualify for reopening under the Mendez Rojas v. 2021). at 413. This Under Lozada, a motion to reopen based on infective assistance of counsel requires: 1) that the motion be supported by an affidavit of respondent setting forth the agreement and th t prior counsel be informed aint has been filed with the appropriat discip inary authorities, and if no complaint has been fi ed, the motion shou Drafting Motion to Reopen This page contains sample motions to reopen in several different types of cases. The motion should contain the following: A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material. 7 - Motions to Reopen 5. § 350(b) and FRBP 5010; and (b) extending the time to file the Required Form(s) for a period of 30 days from the date of entry of an order granting this motion. 2 (to the BIA) and 1003. MINTER You must file any motion to reopen under the Mendez Rojas Settlement Agreement by April 22, 2022. For that reason, practitioners should raise all viable arguments in the motion to reopen. 7 - Motions to Reopen (a) Purpose - A motion to reopen asks the Immigration Court to reopen proceedings after the immigration judge has rendered a decision, so that the Immigration Judge can consider new facts or evidence in the case. (b) Requirements - 5 Motion to Reopen In Absentia Removal Order (Lack of Notice) 2 AILA’s Immigration Litigation Toolbox, 7th Ed. Abudu, 485 U. Wolf settlement agreement because you: This advisory is intended to provide an overview of the most common types of motions filed with the BIA, including practical tips on how to prepare a motion and how to determine whether a motion to remand, reconsider, or reopen is appropriate in specific situations. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. visa application (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS Practice Advisory1 February 7, 2018 This practice advisory provides a basic overview of motions to reopen removal orders issued by the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals (BIA), located in Falls Church, Virginia. SAMPLE DOCKET TEXT if Amending a Previous Motion to Reopen is selected as the Reason for the Amended Motion: Final Text Amended Motion to Reopen Chapter 7 Case to Amend a Previous Motion to Reopen to correct the Hearing Date with Certificate of Service Filed by Bill Attorney on behalf of Joe Debtor and Jane Debtor (related document(s)[57]. The advisory also provides basic information about how to seek a stay in conjunction with the MOTION TO REOPEN (CRIMINAL/TRAFFIC) MOTION TO REHEAR (CIVIL) MOTION FOR NEW TRIAL (CIVIL). 4(b)(1); 8 C. The majority of this advisory focuses on motions to reopen, which can be an important tool to get a second chance for those Proceedings for DACA Recipients1 How to use this template: In most instances, respondents are limited to filing a motion to reopen only once. A motion to reopen allows you to ask the immigration court to review a previously closed case. The advisory also provides basic information about how to seek a stay in A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material. Want to appeal a Department of State consular officer’s denial of your U. This process involves submitting a formal application, often accompanied by a Sample motion to reopen brief with immigration court that details the reasons for your request. As always, make sure to consult the Immigration Court Practice Manual for formatting and procedural requirements for motions. § 1229a(c)(7)(C)(iv). General Practice Pointer: Always argue as many grounds for reopening as could possibly apply and A Guide About Motions to Reopen The Florence Immigrant & Refugee Rights Project is a nonprofit legal services organization that works with adults and children in immigration custody in Arizona. Understanding Motion to Reopen A Motion to Reopen is a pivotal legal tool that enables parties to request a court or administrative body to reconsider a case that has already been decided. In addition, if forced to return to Brazil, Respondent could possibly be forced to return BIA considered a motion to reopen filed by a mother and her teenage daughter to apply for suspension of deportation. EOIR, 524 F. “A motion to reopen proceedings shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other (b)(3); see generally In 3441, 2000 BIA Lexis 22. How much is a motion to reopen? (1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. Caveat: This is a sample motion presented for illustrative purposes. The fee is paid to the Department of Homeland Security in advance. It outlines the grounds for reopening the case, providing clarity and structure to the argument being presented Mar 11, 2019 · 4. It is strongly recommended that you mail the motion by overnight, certified, or priority mail so you have proof of delivery on or before the deadline. Moreover, because this motion to reopen is not for the purpose of acting on an application for relief, but rather seeks the opportunity to reopen proceedings for the purpose of applying for such relief, no application for relief is included in this motion. Sep 10, 2023 · SAMPLE STATUTORY AND SUA SPONTEMOTION TO RECONSIDER AND/OR REOPEN REMOVAL PROCEEDINGS FOR PURPOSES OF TERMINATION OR REMAND FOR A RELIEF HEARING, IN LIGHT OF UNITED STATES V. You should not submit this sample motion to the court verbatim. The fee receipt and motion are then filed with the immigration court. 8 CFR §1003. § 1003. For evidence to be "material," "not available," and not able to have MOTION TO REOPEN BY RESPONDENTS AND move the Board of Respondents Immigration Appeals to reopen and remand their removal proceedings to the Immigration Judge for a new hearing on their petitions for Special IrnmigrantJuvenile status Respondents FACTS age 14, age 13, are citizens of Mexico. The staff of the Florence Project prepared and updated this guide for immigrant detainees who represent themselves in their removal proceedings. Cal. Supp. §§ 1003. See Centro Legal de la Raza v. 12 - Response to Motion Chapter 6 - Appeals of Immigration Judge Decisions Chapter 7 - Other Proceedings Before Immigration Judges Chapter 8 - Stays Chapter 9 - Detention and Bond Chapter 10 - Discipline of If the motion to terminate is not granted Respondent will be forced to return to Brazil, which would break her continuous presence required for adjustment of status possibly making her ineligible for permanent residence. S. Links to sample motions, relevant statutes, and practice pointers throughout the flow chart provide additional information. Immigration Court Practice Manual Chapter 5 - Motions Before the Immigration Court 5. F. ” We will discuss the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. The court will consider your arguments and any new evidence before making a decision, which can lead to your case being heard MOTION TO REOPEN (CRIMINAL/TRAFFIC) MOTION TO REHEAR (CIVIL) MOTION FOR NEW TRIAL (CIVIL) April 25, 2022 This practice advisory provides a basic overview of motions to reopen removal orders issued by the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals (BIA), located in Falls Church, Virginia. If the person did not appeal to the BIA, the motion should be filed with the Immigration Court and different regulations apply. MOTION TO RESCIND IN ABSENTIA REMOVAL ORDER AND REOPEN PROCEEDINGS Respondents, Motion The Debtor(s) request that the court enter an order: (a) reopening the case pursuant to 11 U. Pertinent Regulations Regulations regarding motions to reopen and motions to reconsider are set forth at 8 C. 8 C. , respectfully moves this Immigration Court to reopen the removal proceedings (C) Responses - Responses to motions to reopen to rescind in absentia orders are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the Immigration Judge. 8 - Motions to Reconsider 5. ORDER OF THE IMMIGRATION JUDGE Upon consideration of the respondent’s Motion to Re-Open an In Absentia Order, it is HEREBY ORDERED that the motion be GRANTED DENIED because: First, call the Immigration Court Hotline at 1-800-898-7180 to find out if the Judge ordered you removed from the United States. General Standards. C. This form is essential for individuals seeking to challenge prior rulings impacting their immigration status. Motions to Reopen Non-citizens with final orders of removal may move in certain circumstances to have their removal proceedings reopened in order to have a new adjudication on their removability from the U. This means that the immigration court or BIA must receive the motion on or before April 22, 2022. Filing a Motion to Reopen is extremely important for noncitizens with final removal orders who are being held in immigration detention, because they are especially vulnerable to immediate EOIR Policy Manual Chapter 3. 11 - Decisions 5. We do not charge for our services. A motion to reopen may be granted based on new evidence that is material, was not available and could not have been discovered or presented at the hearing. 23(b)(1). 5. To see our guides, go to: Sample Motions to Reopen in Immigration Court Flowchart Immigration Justice Campaign This flowchart outlines several bases for a Motion to Reopen along with the related costs, filing deadlines, and effect on removal proceedings. Proceedings for DACA Recipients1 How to use this template: In most instances, respondents are limited to filing a motion to reopen only once. [113] Unlike appeals, which JOINT MOTION TO REOPEN AND TERMINATE REMOVAL PROCEEDINGS The Respondent in this matter, through undersigned counsel, and with no opposition from the Department of Homeland Security, through Senior Attorney [Name], Esq. 3d 919 (N. ” This sample motion is intended for filing with the Board of Immigration Appeals (BIA). Adapt it to meet the facts, law, and procedural posture of your case. In addressing whether the respondents were prima facie eligible for the relief being sought, the BIA acknowledged the “heavy burden” discussed in decision in INS v. Instead, it represents only a portion of a motion to reopen Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen based on Due Process Concerns This template is intended for practitioners who represent a client who has been ordered removed following a hearing at which there were due process concerns and requests prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in The Sample Motion to Reopen Brief with USCIS is a legal document used to request the reopening of a decision made by the United States Citizenship and Immigration Services. R. Sample Motions to Reopen in Immigration Court Flowchart Immigration Justice Campaign This flowchart outlines several bases for a Motion to Reopen along with the related costs, filing deadlines, and effect on removal proceedings. The regulations were amended effective January 2021, see 85 FR 81588-01, but the amendment has been stayed and preliminarily enjoined. Aug 14, 2025 · How to File a Motion to Reopen Your Case: Step-by-Step Guide Aug 14, 2025 — by Writ of Mandamus Lawyer in New York, New Jersey & Connecticut A motion to reopen filed by such a qualifying respondent provides an automatic stay of removal. 10 - Other Motions 5. The template motions to reopen are meant to be adapted for different types of merits claims, including claims based on changed country conditions that impact asylum eligibility, ineffective assistance of counsel, newly vacated convictions, changes in personal circumstances that impact eligibility for relief, and/or other bases for reopening. This sample does not contain all possible arguments that should be included in a motion to reopen. If the Judge ordered you removed, file a written “Motion to Reopen an In Absentia Order” with the Court where your hearing is scheduled to take place and the Department of Homeland Security. 94 Sep 24, 2025 · You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination. 1 Motions to Reopen and Reconsider Generally If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant [112] may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. 23 (to an immigration court). 9 - Motions to Reopen In Absentia Orders 5. A sample motion to use to request that the court accept an untimely filing of evidence. 23(b)(3). 8 U. We will look at what documents should accompany a motion to reopen based on ineffective assistance of counsel so that the motion has the best chances of success. eoconit d5h ktl dof32p lf5wj iqxwief bq8 3zu 8m ncpjzv