Motions to reopen and reconsider, Effect of departure
“If you have an order of deportation,— Brian D. Lerner, Immigration Lawyer
or a denied visa or a denied application,
The Motion to Reopen is one of the best ways to have those decisions reconsidered..”
The Motion to Reopen can be done for practically any decision made at the Immigration Court,
Board of Immigration Appeals or any other Immigration administrative agency.
Also, if other appeal deadlines have been missed,
It might be possible to get back into it by using the Motion to Reopen.
Sometimes people move.
Sometimes they do not get notice of their hearings in Immigration Court.
If that is the case and you later found out that you have a removal order in absentia,
You must do a Motion to Reopen to get back into Immigration Court in order to fight your case.
Otherwise, ICE can come to your door or your work and deport you with a hearing.
They have that right.
Motions to Reopen generally have a time period which to file.
Moreover, this would normally be 90 days after the decision was made.
While there are now regulations and other matters which now state that Sua Sponte Motions to Reopen are not allowed anymore,
Many are still permitted.
However this is when you make the motion past the time period normally allowed and then on the Courts own motion they reopen the case.
Get a motion to stay the deportation
Firstly, when you do the motion to reopen you want to be protected from being deported
A motion to reopen based on an application for relief will not be granted if it appears the alien’s right to apply for that relief was fully explained and the alien had an opportunity to apply for that relief at an earlier stage in the proceedings
(unless the relief is sought on the basis of circumstances that have arisen subsequent to that stage of the proceedings).
However, it must be prepared properly.