When an immigration judge or the Board of Immigration Appeals (BIA) denies a request relief and issues a removal order, it does not necessarily end your goal of remaining in the United States. An experienced immigration attorney can help you reopen your case and ask the court to reconsider its decision if you have new material or evidence that was not available during the first hearing.
A Houston motion to reopen lawyer at Rhodes Immigration Law Office can explain the process and guide you through assembling the proper documents before filing. It is important to act promptly, as your time is limited. You must file within 90 days of the removal order, and you may only submit one motion to reopen.
What is a Motion To Reopen?
A motion to reopen is a legal request to reopen your case after a removal order has been issued. The court or the BIA will only grant such a motion when there is a legally valid reason. The most common reasons include:
- You have new information that was not available at the time of the previous hearing. These must be entirely new facts that emerged only after your hearing and denial.
- Circumstances have changed in the U.S. or in your home country that could alter the judge’s decision. For example, you may now be eligible for a green card when you were not previously.
- Ineffective assistance of prior counsel. This means your former attorney made “grievous errors” that irreparably harmed your case.
Any new evidence must be “material”, meaning it clearly relates to the case and is significant enough to have affected the outcome. For example, a denial is not automatically proof of ineffective counsel. Your attorney must have made a substantial error, such as failing to file important documents. A motions to reopen lawyer in Houston can help you understand these distinctions and determine whether you have grounds to challenge the original decision.
Important Considerations About a Motion To Reopen
You must file a motion to reopen within 90 days of the date of the final order. While there are some exceptions to this deadline, is is best to assume you only have this limited timeframe and proceed accordingly.
Additionally, you may only file one motion to reopen after an order of removal. If you do not have sufficient evidence or are unsure if there is a legally valid reason to reopen your case, a Houston motions to reopen attorney can explain your options.
In some cases, you may have grounds for a motion to reconsider. This is a request for the judge to review the legal standard, the evidentiary standard, or how immigration rules were applied to your case. A motion to reconsider has an even shorter deadline, as it must be filed within 30 days of the final order.
Contact a Houston Attorney To File a Motion To Reopen
If you are facing a removal order or have a family member who has been detained or deported, Rhodes Immigration Law Office can provide the legal advice and support you need during this difficult time. A Houston motions to reopen attorney from our firm can help you file and keep you informed throughout the process.
Because your time to file is limited, taking action immediately can make a significant difference in your case. Call our office to schedule a consultation today.
