Motion for reconsideration sample with BIA is a legal document that requests the Board of Immigration Appeals (BIA) to review and reconsider its decision in an immigration case. It is typically filed when new evidence or legal arguments arise, or if there is an error in the BIA's decision. The purpose of a Motion for Reconsideration is to present compelling reasons to convince the BIA to change its initial decision. It is essential to follow the proper format and include all necessary elements to increase the chances of success. Here is a sample structure for a Motion for Reconsideration with the BIA: 1. Introduction: — Introduce the case by providing the appellant's name, A-number, and the BIA's decision date. — Briefly summarize the previous proceedings. — State the purpose of the motion, i.e., to request reconsideration based on new evidence or legal arguments. 2. Statement of Facts: — Provide a detailed and accurate account of the relevant facts of the case. — Include any new evidence or legal arguments that support the Motion for Reconsideration. — Emphasize any errors or misinterpretations made by the BIA in its initial decision. 3. Legal Argument: — Present a well-researched and persuasive legal argument supporting the Motion for Reconsideration. — Cite relevant immigration laws, regulations, or precedents that apply to the case. — Discuss any errors made by the BIA that may have affected the outcome. 4. New Evidence: — If applicable, present any new evidence that was not available or known during the initial proceedings. — Explain how this evidence is relevant and could impact the outcome of the case. — Include affidavits, expert opinions, or other supporting documents to strengthen your argument. 5. Conclusion: — Summarize the main points made in the Motion for Reconsideration. — Request the BIA to grant a review and reconsider its decision. — Provide contact information for the appellant's attorney or representative. It is important to note that there are specific time limits for filing a Motion for Reconsideration with the BIA. These time limits vary depending on the type of case and the specific circumstances. It is advisable to consult with an experienced immigration attorney to ensure all requirements are met and to tailor the motion to the specific case. In addition to the standard Motion for Reconsideration, there are other types of motions that can be filed with the BIA, including: 1. Motion to Reopen: This motion requests the BIA to reopen the case based on new evidence or changed circumstances that were not available during the initial proceedings. 2. Motion to Stay: This motion requests the BIA to suspend or delay the execution of the previous decision until the reconsideration process is completed. 3. Motion for Oral Argument: This motion requests the opportunity to present oral arguments before the BIA to further support the Motion for Reconsideration. 4. Motion to Expedite: This motion requests the BIA to prioritize the review and decision-making process due to exceptional circumstances, such as urgent medical conditions or imminent deportation. Understanding the different types of motions available helps individuals pursue the appropriate course of action to challenge the BIA's decision effectively. Legal expertise is crucial to navigate the complexities of immigration law and maximize the chances of a successful outcome.
Motion For Reconsideration Sample With Bia
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Filing Your Notice of Appeal When you tell the judge you want to appeal, the court officer will give you some important paperwork called the Notice of Appeal, also called an ?NOA? or Form EOIR-26. You have 30 days from the date of your decision to file this paperwork with the BIA to actually start the appeal process.
A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.
Most BIA decisions are subject to judicial review in the federal courts. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal.
A motion to reconsider shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority. INA § 240(c)(6)(C); 8 C.F.R. § 1003.3(b)(1). In general, a respondent may file one motion to reconsider within 30 days of the date of a final removal order.
How to write a letter of reconsideration of appeal Confirm the recipient's information. ... Consider why you want a reconsideration. ... Find out why they passed. ... Support your request. ... Add a conclusion.