Reopening prior orders of deportation or removal
Motions to Reopen and Reconsider in U.S. Immigration Proceedings
The scenario you described—a person being placed in deportation proceedings for falsely claiming U.S. Citizenship, having their case reopened, and seeking new relief—is common but complex. It hinges on the distinction between two critical post-decision motions in immigration law: the Motion to Reopen and the Motion to Reconsider.
The Initial Case and the Claim of Citizenship
A non-citizen who falsely claims U.S. citizenship to a government official for any benefit under the Immigration and Nationality Act (INA) is generally deemed inadmissible and deportable. This offense, codified under INA §212(a)(6)(C)(ii), is one of the most severe bars to immigration relief. It often lacks waivers. The initial claim of U.S. Citizenship was later shown to be improper. It could be due to misunderstanding, coercion, or a technical legal error rather than intentional fraud. Therefore, it allowed the prior order of deportation to be reopened. This step is essential. It effectively puts the individual back into active proceedings. Here, they can argue for new forms of relief that were not available or considered during the initial hearing.
The Motion to Reopen vs. Motion to Reconsider
Both motions are filed before the same adjudicating body that issued the last decision—either an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA)—but they serve fundamentally different purposes:
| Feature | Motion to Reopen | Motion to Reconsider |
| Purpose | To introduce new facts or evidence that were not previously available or discoverable, which, if true, would change the outcome of the case. | To point out a legal or factual error in the existing record of the prior decision, or to highlight a change in law that affects the decision. |
| Evidence | Requires new, material evidence and an explanation of why it was unavailable earlier. | Relies solely on the existing record; no new evidence is permitted. |
| Legal Basis | Based on the ability to demonstrate eligibility for relief (e.g., asylum, cancellation of removal) based on the new facts. | Based on proving the original authority made a mistake in applying the law to the facts already in the record. |
