Motions To Reopen

Motions To Reopen Lawyer in New York

Motions To Reopen Immigration Lawyer

Motions to Reopen are made to either the Immigration Court or Board of Immigration Appeals reexamine a previously decided case.

If your asylum case was denied by the Immigration Court or Board of Immigration Appeals you may be able to reopen your case and seek relief based upon certain criteria which can be, but not limited to:

  • New Evidence: This is new and material evidence that was unavailable at the
    time of the original hearing. This evidence must be relevant to the case and could
    potentially change the outcome.
  • Changed Country Conditions: If conditions in a person’s home country have
    significantly changed since the original decision, a Motion to Reopen may be
    filed to argue that it is no longer safe or feasible for the individual to be removed.
  • Ineffective Assistance of Counsel: If a person can show that their previous legal representation was grossly inadequate and that this incompetence led to an adverse decision, they may have grounds to file a Motion to Reopen.
  • Failure to Receive Notice: If a person can demonstrate that they did not receive
    proper notice of the original hearing or were not properly informed about the consequences of the proceeding, they may seek to Reopen the case.
  • Failure to Appear: In cases where a person failed to appear for the original hearing due to circumstances beyond their control, they may request a Motion to
    Reopen and Rescind an in absentia order.
  • Relief Not Granted: If a person previously applied for a specific form of relief,
    such as asylum or adjustment of status, and was denied, but they subsequently become eligible for that relief, they may file a Motion to Reopen based on the
    new eligibility.
  • Mistakes or Errors in the Original Decision: If there were errors or mistakes made in the original decision, either by the Immigration Court or by USCIS, a Motion to Reopen can be sought to correct those errors.

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