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FAQ

A motion to reopen is an important statutory mechanism for people who have been ordered removed. See 8 U.S.C. § 1229a(c)(7). It allows these individuals to ask either the immigration judge (IJ) or the BIA to consider material and previously unavailable evidence and vacate the existing order.

Normally, a person has 30 days to file a motion to reopen and also a motion to reconsider. The time limit is different for the motion to reopen for cases that are in immigration court. Sometimes they have 90 days to file a motion to reopen.

A. A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.

Immigrants with cases in immigration court can generally file one motion to reopen and one motion to reconsider (or both at the same time). A motion to reopen must generally be filed within 90 days following entry of a final administrative order of removal, deportation, or exclusion.

A motion to reopen asks the Immigration Court to reopen proceedings after the Immigration Judge has rendered a decision, so that the Immigration Judge can consider new facts or evidence in the case.

Unlike an appeal, a motion to reconsider or reopen a case does not send the case to a higher legal authority, but requests that the original authority take a second look at the case.

What should the motion to reopen include? Introduction, a statement of events, a section outlining the standard for reopening, legal arguments, and a conclusion stating the relief requested. State whether the order has been or is the subject of any judicial proceeding.

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Reference to Deposition or Document . Data Center to find out if the defendant is in the military. c.If a default judgment is granted against a servicemember, he or she may move to reopen the. Opinion modified, and as modified, petition for rehearing DENIED. Final order after denial or decision on rehearing in the proceeding. Order Denying Second Petition to Reconsider.. . . . . . . . . . . . . . .

Wake North Carolina Sample Letter for Order Denying Motion to Reopen Deposition

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