Attorneys for Motions to Reopen an Immigration Case

Motions to Reopen and Reconsider

If your immigration case is denied by the local immigration court or USCIS, you may still have legal options to get the result you desire. Although you may file an immigration appeal of the decision to an appellate court, in certain cases, it may be a better option to exercise your right to ask the court that denied your case to reopen the proceedings or reconsider its decision. Likewise it may be prudent to consider filing an I-290B (notice of appeal or motion) to challenge the denial of a decision by USCIS. Colombo & Hurd can help you determine which legal option best fits your needs after analyzing the facts and law specific to your case.

A motion to reopen generally seeks that the court, Board or Agency reopen the case based upon new facts or evidence that was not reasonably available at the time the denial was entered. A motion to reconsider usually is more appropriate if the court failed to properly consider certain evidence or incorrectly applied the law in reaching a decision. Although some exceptions apply, Motions to Reopen or Reconsider must be filed 90 days after the order denying your case is entered. In addition to these time limitations, a party also is generally limited to one motion to reopen and one motion to reconsider. There are certain exceptions to these time and numeric limitations. Colombo & Hurd can analyze your situation to see if any such exceptions apply to your case.

A petitioner may also move to reopen for the purpose of submitting a new application for relief, provided such motion is accompanied by the appropriate application for relief and all supporting documentation, and the evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing. For example, many clients marry US citizens after a decision is rendered by the immigration court, often requiring that those proceedings be reopened to allow the marriage petition to move forward.

Motions to reopen are also the appropriate avenue to raise ineffective assistance of counsel claims, where an attorney or someone who held themselves out to be attorneys caused harm and prejudice to the client’s case due to their incompetence.