Reopening prior orders of deportation or removal
Person was charged with claiming to be a U.S. Citizen and put into deportation proceedings and ordered deported. We showed the claimage to U.S. Citizenship was not proper and had the case reopened to try to get other relief available in deportation. This depends on which entity last had contact with the case. A motion to reopen asks the immigration court on reopening prior orders of deportation 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. Section 6. Second motion for reconsideration. A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.