The Hawaii Reopen Case (Motion) is a legal argument made by a party seeking to reopen a case that has already been decided by a court. It is a type of motion made to the court that argues that the judgment in the earlier case should be reversed, amended, or otherwise modified. The party making the motion must provide legal grounds to support their argument and demonstrate that the earlier judgment was incorrect. There are two main types of Hawaii Reopen Case (Motion): Motion to Reopen Default Judgment and Motion to Reopen Summary Judgment. A Motion to Reopen Default Judgment is a motion made to the court asking that a default judgment be reversed because the defendant was not properly served or was not aware of the case. A Motion to Reopen Summary Judgment is a motion made to the court asking that a summary judgment be reversed because the court failed to consider certain evidence or made a mistake in its ruling.
Hawaii Reopen Case (Motion)
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FAQ
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.
Reopening - At any time before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The proceedings shall terminated within thirty (30) days from the order granting it.
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.
See INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii). (C) Responses ? Responses to motions to reopen to rescind in absentia orders are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge.
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.
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.