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A Motion to Reopen Removal Proceedings permits you to request that the immigration judge or the Board of Immigration Appeals review new evidence that may alter the outcome of your deportation proceedings. The filing cost for the motion is $110, and it must be submitted to the administrative agency that previously administered your case.
For instance, if your case was previously considered by the immigration court in Orlando, Florida, you must submit the Motion to Reopen with that court, even though you no longer reside in that area.
What Makes it Possible to Reopen My Case?
When submitting a motion, the most crucial factor to examine is whether there is newly accessible evidence or a significant change in the law that might alter the result of your case. For instance, a political shift in an asylum seeker's country of deportation that might lead to persecution has been considered to satisfy this condition.
In addition, a recent case from the Supreme Court of the United States, the Circuit Court having jurisdiction over your case, or the Board of Immigration Appeals may constitute fresh developments that may permit you to reopen your case. A recent marriage or the birth of a U.S. citizen child has also been utilized to reopen a case before the immigration court.
Before submitting your request, you must consult with a professional immigration attorney, since this prerequisite is critical. Call Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys!
When Do I Need to File My Motion?
This is a complicated subject, and the answer relies on the circumstances surrounding the reopening of the case. Once new evidence becomes available or the court decides the new case, you should file your motion as soon as possible.
Depending on the jurisdiction, there may be no deadline for filing a reopening motion based on breaches of due process, but the motion should be made as soon as practicable.
The Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is one of the immigration appellate bodies. Senior Board members consider appeals from immigration courts or the Department of Homeland Security. The Board also hears practitioner disciplinary proceedings.
How Long Do I Have to Appeal the Decision of an Immigration Judge?
You have thirty days to appeal an immigration judge's ruling. This deadline is jurisdictional, which means that if you miss it, you cannot appeal your case without having the immigration judge reopen it. In addition, if you miss the deadline, Immigration and Customs Enforcement may deport you from the United States. It is imperative that you meet this deadline.
What is Subject to Appeal to the Board?
As stated before, the BIA hears a variety of matters, including bond denials, immigrant visa petition denials, and immigration judge relief denials. Unless you come under an exemption or get a fee waiver from the BIA, there are often expenses involved with appeals. A motion to reopen an in absentia removal order, for instance, is free of charge.
Are the Board’s Decisions Made Public?
The BIA rules on hundreds of cases each year but does not publish the majority of them unless the case modifies the existing law or is a case of first impression, meaning the BIA has never dealt with the problem before. Cases determined by the BIA are typically binding on all immigration courts unless the BIA restricts their applicability to a specific region.
Can I Appeal the Judgment of the Board in My Case?
In extremely limited situations, you may appeal the BIA's judgment to the United States Circuit Court with jurisdiction over your matter. A Circuit Court cannot review, for instance, a BIA decision based on the exercise of discretion, such as a rejection of Cancellation of Removal. If there was a breach of the law or if the issue involves the interpretation of the law, the Circuit Court may reconsider the judgment. For instance, if the BIA dismisses your case on the basis that you are a felon, the court may reconsider the Board's judgment about the severity of the offense. The initial step is to file a Petition for Review with the court and adhere to the specified filing deadlines. If your Ask for Reconsider is denied by the Circuit Court, you may petition the Supreme Court of the United States to review the judgment. If the court allows your petition, it will be sent back to the BIA for additional processes.
Who Oversees the Board?
The Board is a division of the Department of Justice under the Executive Office for Immigration Review (EOIR). As the head of the Department of Justice, the Attorney General of the United States oversees this office.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have vast experience assisting individuals with motions to reopen removal proceedings. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our knowledgeable immigration attorneys! ¡Hablamos español!
