New Evidence
Important documents or evidence become available after the original immigration decision.
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A motion to reopen is a legal request asking an immigration court or the Board of Immigration Appeals (BIA) to reconsider a previously decided immigration case based on new facts or evidence. If your immigration case was denied or you received a removal order, filing a motion to reopen may provide an opportunity to present important information that was not previously considered.
At E-Z Immigration, we help individuals and families understand their options after an unfavorable immigration decision. Our team can review your circumstances, assess whether a motion to reopen may be appropriate, and guide you through the available legal procedures.
Motion to Reopen explained
A motion to reopen an immigration case asks the relevant immigration authority to review a previous decision based on new facts supported by evidence. This may be an option when important information was unavailable during the original proceedings or circumstances have changed in a way that may affect the case.
Depending on your situation, a motion to reopen may be filed with the immigration court or the Board of Immigration Appeals. The appropriate filing authority depends on which body issued the decision and the procedural status of your case.
The correct filing path depends on the decision, the deciding authority, and the current status of the proceedings.
Potential grounds for reopening
A motion to reopen may be appropriate when new facts, evidence, or qualifying legal circumstances could affect a previous immigration decision.
Situations that may support a request to reopen include:
Important documents or evidence become available after the original immigration decision.
New developments materially affect your eligibility for immigration relief.
You may have grounds to request reopening of proceedings, depending on the facts and applicable legal requirements.
Material information may not have been properly presented or considered during the original proceedings.
Certain cases may qualify for reopening under special statutory or regulatory provisions.
Every case is different. Eligibility depends on the facts, the type of decision, applicable deadlines, and the legal grounds available.
Understanding the distinction
Although both procedures challenge a previous immigration decision, they serve different purposes.
Choosing the appropriate motion is important. In some circumstances, an individual may need to explore whether both remedies are available.
General deadline from the final administrative decision in many immigration court and BIA cases.
Filing timelines matter
For many cases before an immigration judge or the Board of Immigration Appeals, the general deadline for filing a motion to reopen is 90 days from the final administrative decision.
However, exceptions may apply in certain circumstances, including qualifying changed-country-conditions claims in asylum cases and specific situations involving joint motions or other statutory provisions.
The applicable deadline and requirements depend on the type of case and the authority handling it. Because missing a deadline can limit your available options, it is important to have your case reviewed promptly.
Supporting your request
The documents required depend on the legal grounds for reopening.
Common supporting materials may include:
A properly prepared filing should clearly explain the grounds for reopening and include supporting evidence that meets the applicable legal requirements.
Legal support after a decision
An unfavorable immigration decision can create uncertainty for you and your family. E-Z Immigration can help you understand the available options and determine the appropriate next steps.
Our assistance may include:
The availability of relief depends on the individual case. Filing a motion does not automatically reopen proceedings, cancel a removal order, or pause removal.
If your immigration case was denied or you are facing a removal order, you may have options worth exploring. Acting promptly can help you understand applicable deadlines and avoid overlooking potential legal remedies.
Contact E-Z Immigration to discuss your situation and learn whether a motion to reopen may be appropriate for your case.
Immigration laws and procedures can change. This page is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship.