Understanding the Key Differences Between a Motion to Reopen and a Motion to Reconsider Immigration Proceedings

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If you are facing removal or deportation proceedings in the United States, you may have the option to file a motion to reopen or a motion to reconsider your case. While both motions offer an opportunity to have your case reviewed, there are key differences between the two processes that may affect your decision to pursue either option.

A motion to reopen is a request made to the immigration court or Board of Immigration Appeals to reconsider a prior decision that resulted in your removal from the United States. You may file a motion to reopen if you have new evidence that was not available at the time of your original hearing, if there has been a change in the law that affects your case, or if there was some procedural irregularity that affected the outcome of your previous hearing.

One important point to note is that there are strict time limits on filing a motion to reopen. Generally, you must file within 90 days of the judge’s decision or the Board of Immigration Appeals decision. There are some exceptions to this rule, but it is essential to consult with an experienced immigration attorney to determine the deadlines and requirements that apply to your particular situation.

A motion to reconsider is similar to a motion to reopen but is filed if the court has made an error of law or fact in its decision. You may file a motion to reconsider if you believe that the court incorrectly applied the law or based its decision on a factual error.

It is important to note that there are also strict time limits on filing a motion to reconsider. Generally, you must file within 30 days of the judge’s decision or the Board of Immigration Appeals decision. Like with a motion to reopen, there are some exceptions, and it is best to consult with an experienced immigration attorney to determine your options.

Overall, both motions offer an opportunity to have your case reviewed and potentially overturned. However, the requirements and deadlines for each motion differ significantly, and it is important to consult with an experienced immigration attorney to determine which option is best for you. An attorney can help you navigate the legal system and ensure that your rights are protected throughout the process.