A New Jersey Motion to Reopen Case is a legal document that is filed in New Jersey courts to bring a previously closed case back before the court for further proceedings. This motion is typically filed by the defendant in a criminal case or the plaintiff in a civil case seeking to reopen a matter that was previously decided and/or dismissed. There are two types of New Jersey Motion to Reopen Case: an Order to Show Cause and a Motion for Post-Conviction Relief. An Order to Show Cause requests the court to explain why it should not provide relief to the petitioner, while a Motion for Post-Conviction Relief requests the court to reconsider a criminal conviction. In either case, the petitioner must submit evidence and legal arguments to support their motion.
New Jersey Motion to Reopen Case
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FAQ
You can expect a response from the USCIS office within 90 days of filing your motion. This, like the USCIS appeal processing time, may be shortened, but it is more often extended.
Usually, motions to reopen are filed either with the immigration court or the Board of Immigration Appeals. This depends on which entity last had contact with the case. For instance, if an Immigration Judge orders the removal, and a person didn't appeal, the motion must be filed with the immigration court.
If the immigration court grants a motion to reopen, the applicant will have an opportunity to present the new evidence at the next hearing. Afterward, the immigration judge will rule on the case based on the new proofs presented.
A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.
If a motion to reopen a case is granted, it means an unfavorable decision will be reconsidered based on new facts. The petition must state this updated information to demonstrate eligibility for reevaluation of eligibility.
This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.
USCIS may respond in six months to your motion to reconsider or reopen. Similar to the appeals process, a USCIS response may take longer if they have a backlog of motions or if your case is complex.