If you have had a your immigration claim denied by the Board of Immigration Appeals (BIA) or the Immigration Court, having an experienced San Diego immigration lawyer could give you another chance at obtaining the relief you desire by filing a motion to reopen or reconsider your case. Most decisions made by the immigration court or the BIA are appealable. However, time is of the essence and hiring an immigration lawyer that can assist you in these types of claims can be extremely advantageous to you in your case.
A motion to reopen must be filed within 90 days of the date of the entry of a final administrative order of removal. A motion to reconsider must be filed within 30 days of the date of entry of a final administrative order of removal.
Motions to reopen need to state the new facts that will be proven at a hearing to be held if the motion is granted, and need to be supported by affidavits or other evidentiary material. In a motion to reopen before the BIA or the Immigration Court, the applicant must show that the evidence is: 1) material; 2) was unavailable at time of original hearing; and 3) could not have been discovered or presented at the original hearing. The courts have held that motions to reopen based on vacating or overturning a conviction are deemed to be appropriate. An applicant applying for a motion to reopen should also make sure that the application for relief (i.e. asylum, adjustment of status) with any supporting documentations are attached to the motion.
Under certain circumstances the BIA and the Immigration Court may accept a motion to re-open even if they do not meet the time limitation requirements. These exceptions include: 1) The Court or the BIA re-opening a case on their own motion; 2) An agreement between your immigration lawyer and the Department and Homeland Security attorneys to re-open your case or; 3) Evidence showing change country conditions.
Motions to re-open need careful and meticulous drafting by an experienced immigration lawyer to increase your chances of having them granted by the agency. We have assisted countless clients in having their cases re-opened and petitions granted. Contact us to see if we can assist you in your case.