A motion to reopen can be a pivotal form of relief for foreign nationals who have been ordered deported from the United States. Such a motion can be brought before either the immigration judge who presided over the foreign national’s removal hearing or the Board of Immigration Appeals (BIA) to review and weigh evidence that previously wasn’t available and vacate a removal order and give the person who was ordered removed a chance at having their case heard again. A person is only allowed one motion to reopen unless an order in absentia was entered. If you’re considering a motion to reopen, give yourself the best opportunity of prevailing in your motion by having the California Central Valley immigration lawyers at Maison Law Immigration Lawyers represent you.
The 90-Day Rule
The general rule is that the immigration judge or BIA must receive notice of a motion to reopen within 90 days of the date that the final removal order was entered. If notice of the motion is received more than 90 days after its entry, the presiding immigration judge or BIA might still consider it if the movant shows that equitable tolling of the 90-day period warrants an equitable pause.
Orders of Removal in Absentia
A foreign national who had a removal order entered against him or her without being present at the removal hearing can reopen the case against them in two situations. First, if the government failed to provide proper notice of a hearing, the foreign national can seek to reopen a removal case. The second instance might be if exceptional circumstances beyond control of the person prevented him or her from being present. A motion to reopen based on the want of any or proper notice can be brought at any time, even after 90 days or after a person has been removed from the United States.
Stay of Removal Upon Filing
When a motion to reopen a case for removal in absentia is filed, a stay of removal is automatically triggered until such time when the motion is heard and decided by the immigration judge. If a motion to reopen is brought in the BIA, no such stay effectuates.
If the Motion is Granted
The movant will be permitted to introduce any new evidence if the motion is granted. Only issues within the scope of that new evidence will be allowed. If the motion is denied, an appeal can be taken with BIA.
If you believe that you have a good reason to bring a motion to reopen a case, remember the 90-day rule. Time is limited, so you’ll want to consult with and retain the effective and aggressive Central Valley immigration lawyers at Maison Law Immigration Lawyers as soon as possible for this purpose. Contact us for an appointment as soon as possible.