Legal Standards for USCIS Motions to Reopen or Reconsider

The AAO can “also reopen a proceeding or reconsider one of its prior decisions on its own motion”. These motions ask the same authority that made the original decision (denial) to review the application again. This means the USCIS has jurisdiction over its decisions and the AAO has jurisdiction over its decisions.

2020-12-22T01:58:38-05:00Categories: Immigration Articles|Tags: |

How to file a motion to reopen with the Board of Immigration Appeals

If a person wants to ask the Board of Immigration Appeals to reopen proceedings in which the Board has already rendered a decision to consider new facts or evidence in the case, he or she can file a motion to reopen with the Board.

2021-01-12T22:45:42-05:00Categories: Immigration Articles|Tags: , |

In absentia removal order

If a person lost removal or deportation proceedings, the Court would serve an order of deportation or removal against him or her. At this point, a person may fail to appear in the scheduled hearing. Even if you do not show up for your removal hearing, the hearing goes on without you. The judge can issue a deportation order in your absence. To obtain an order in absentia, the Court has to obtain the proof that a person received written notice.

2021-01-12T22:49:03-05:00Categories: Immigration Articles|Tags: , |

Equitable Tolling – How it Affects the Motion to Reopen?

Equitable tolling is a principle related to which a statute of limitations will allow a claim if the alien does not discover the circumstances giving rise to the claim until after the filing deadline has passed. Courts have recognized the importance of this legal postulate in promoting access to a fair and just legal system. Its effect can be described as 'stopping the clock up upon one event, and restart it upon another.'

2021-01-13T20:42:38-05:00Categories: Immigration Articles|Tags: , |

Filing Motion to Reopen With the Immigration Court

Motions to reopen are usually filed either with the Immigration Court or the Board of Immigration Appeals. Where the immigrant will apply his or her motion will depend on which of these two entities last had contact with the case. Here, we will overview how to file a motion with the Immigration Court.

2021-01-13T20:45:28-05:00Categories: Immigration Articles|Tags: , |

How to Win your Motion to Reopen Your Removal Order

Here, we will present you with a statutory mechanism that will allow you to ask the immigration judge to reverse the order. It is the motion to reopen that you can file in limited circumstances, such as the existence of new evidence that was not accessible to you at the prior hearing.

2021-01-14T22:03:33-05:00Categories: Immigration Guides|Tags: , |
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