Respondent's Emergency Motion to Reopen Removal Proceedings
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FAQ
(a) In General ? A motion to reopen requesting that an in absentia order be rescinded asks the immigration judge to consider the reasons why the respondent did not appear at the respondent's scheduled hearing.
A stay motion is an emergency motion filed before the Board that requests a stay of removal, deportation, or exclusion to prevent the Department of Homeland Security (DHS) from executing an order of removal, deportation, or exclusion, or that requests a stay of a bond decision to prevent a detained alien from being
What Happens if a Motion to Reopen is Denied? If a motion to reopen a case is denied, the decision can be appealed to the USCIS Administrative Appeals Office (AAO) as long as the original decision can be appealed to the AAO.
Deadline for filing the motion to reopen You have to file a motion within 90 days of the date of entry of a final administrative order of removal. This means that an immigration judge or BIA needs to receive your motion within this deadline.
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 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.
Motion to Reopen Processing Time 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.
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. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.