Even if the immigration court in your area or USCIS rejects your case, you may still be able to pursue your goals through other channels of law. While you have the right to appeal the immigration court’s decision to a higher court, it may be in your best interest to first ask the lower court to reopen the proceedings or reconsider its decision with the help of an immigration attorney. Rijal Law Firm specializes in immigration cases, and we are here to help. In this case, your question of whether an immigration case can be reopened is a good question.
It can be scary and overwhelming when your immigration case is closed without the resolution you expected. In that case, you are probably wondering what your next steps are. However, it’s still important to not lose hope and check what options are available to you. Depending on the particular situation, there might be the possibility of reopening or reconsidering your case. Appellants have the option of submitting a joint motion to reopen and reconsider the case. The AAO will give each motion its own separate consideration. The Administrative Appeals Office can accept either of the motions, accept one of the motions while rejecting the other, or reject both of the motions.
Can An Immigration Case Be Reopened?
The short answer here is that yes, an immigration case can be reopened. However, this can only be done if there are new facts to consider in the case. Most of the time, a motion to reopen is used to ask a court, board, or agency to look at a decision that was made before new information was available.
There are a couple of ways to do this, and having one of our immigration attorneys on your side can help you get through this successfully. We will work on your case individually and help you make the best available decision based on your unique circumstances and possibilities.
How Can A Case Be Reopened?
There are two ways to have your case reviewed again. The first is to file a motion to reopen. This is done when you have new information that may change the outcome of the original case. These new facts must be supported by evidence that is included in the motion. You can use this motion if you are requesting the withholding of removal, adjustment of status, asylum, or ineffective assistance of counsel. The motion to reopen must be submitted within 90 days of the date of entry or the order of removal.
The other option is to file a motion to reconsider. This route is used when it is believed that an error has been made in the law or in the hearing procedure of the original case. An example would be if you feel that your constitutional rights were violated in the course of the hearing. Again, this must be done within 90 days. These time constraints are in addition to the general rule that a party can only file one motion to reopen and one motion to reconsider. These days, time and member counts have some wiggle room. Please note that in either case, deportation can still occur as the filing will not change existing removal proceedings. There are exceptions to this, and our attorneys can help you determine if you are eligible for any of them.
A motion to reopen must have support from any new evidentiary material that the immigrant wishes to present in order to be considered valid. In most cases, this will be in the form of affidavits, and, in some cases, official reports about the altered conditions in the alien’s home country may also be required. The applicant has to show that the material evidence that was not available before could not have been found or presented at the previous hearing.
What Happens Next?
Once your motion has been approved, the judge will listen to and review any new evidence you share. Based on the new evidence, the judge will make a final decision on your case. In most situations, you can only file a motion to reopen and a motion to reconsider (they can be filed at the same time), but there are exceptions. In many cases, you can appeal the decision with the help of your immigration attorney.
Why Hire a Lawyer?
The immigration court system can be confusing, so hiring an immigration attorney can help. An expert knows the ins and outs of the law and can advise you on your specific case. There is a higher rate of a successful outcome when using an attorney, so it is worthwhile to hire someone to help you win your case regardless of your current status, whether you are just starting out or in the appeals process.
Therefore, when you get in touch with us, we will inquire as to what it is that you are seeking. From that point on, we will be able to advise you on your options and formulate a plan for your current status. You can contact us to keep working on your immigration plan and use our free consultation service.