Such motions are subject to strict deadlines under certain circumstances. For cases brought in deportation or exclusion, DHS is subject to the time and number limits on motions to reopen, unless the basis of the motion is fraud in the original proceeding or a crime that would support termination of asylum. The Board may also reopen proceedings at any time on its own initiative. A motion to reopen must be supported by evidence.
Once an appeal is filed with the Board, the Immigration Judge no longer has jurisdiction over the case. See Chapter 4. Thus, motions to reopen should not be filed with an Immigration Judge after an appeal is taken to the Board. The required fee must be paid unless there is a fee waiver request.
The fee for a combined motion is the same as for a singular motion. There is no requirement to file a legal brief. If the appellant with help of legal counsel does file a legal brief — the brief should be filed with the motion.
Appellants can request that the motion be expedited. Generally, there is no oral argument — but the AAO may consider a written request for one — where the case does involve a particularly significant issue.
Contact an experienced immigration lawyer to discuss what motion to file if your I application or any immigration application is denied. The Immigration Judge may also reopen proceedings at any time on his or her own motion. A motion to reopen must be supported by evidence. A motion to reopen filed prior to the deadline for filing an appeal does not stay or extend the deadline for filing the appeal. Once an appeal is filed with the Board of Immigration Appeals, the Immigration Judge no longer has jurisdiction over the case.
Thus, motions to reopen should not be filed with the Immigration Court after an appeal is taken to the Board. When proceedings have been administratively closed, the proper motion is a motion to recalendar, not a motion to reopen.
A motion to reopen that is filed with the Immigration Court does not automatically stay an order of removal or deportation. Please enter your last name. Please enter your email address. This isn't a valid email address. This isn't a valid phone number. Are you a new client?
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