Motion To Reopen Immigration Processing Time, From 2019 to January 2025, she served as an Appellate Immigration Judge. 6 (Motion to Reopen), 5. In some cases, applicants can appeal or motion to reopen if new evidence emerges. The House must give final approval to the agreement to reopen major parts of the government — including the Departments of Defense, Homeland Security, Labor, Health and Human Services A motion to reopen removal proceedings is a formal request made to an immigration judge or the Board of Immigration Appeals (BIA) to reconsider a previous deportation order. The process demands precise paperwork and quick action, particularly for those seeking relief after denial or removal orders. We will discuss the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. Welcome to our deep dive on Motions to Reopen in Immigration Court: A Second Chance at Justice. Can I do anything about an unfavorable decision issued by USCIS? A. The motion has a limited window to be filed, and only one motion to reopen can be filed at a time. It is called a motion to reopen, and it is one of the most powerful legal tools in immigration law. 24 Likes, TikTok video from The Visa Cat (@manaimmigration): “Can I Reopen My Immigration Case After a Deportation Order? Yes, you may still have a chance to fight your deportation order. Parties should be mindful of the strict time and number limits on motions to reopen and motions to Recent 2025 policy updates make filing a Motion to Reopen with USCIS or Immigration Court stricter, with tight deadlines, stronger new evidence requirements, and limits on reopening based on pending applications. These time and number limits are strictly enforced. This interim final rule ("IFR") amends Department of Justice ("Department" or "DOJ") regulations to streamline administrative appellate review by the Board of Immigration Appeals ("Board" or "BIA") of decisions by Immigration Judges by making review of such decisions on the merits discretionary, Talk to your immigration litigation lawyer about the estimated processing time for your motion to reopen, reconsider, or appeal, as well as their success rate with motions to reconsider . B. Questions and Answers: Appeals and Motions Q. Motions to Reopen A motion to reopen is an important tool if you have been ordered removed. Time Jan 21, 2026 · USCIS Policy Manual, Volume 1, Part E: This section of the policy manual provides detailed guidance on the standards and procedures for adjudicating motions to reopen, including what constitutes a "reasonable time" for filing. 8 - Motions to Remand 5. 5 - Motion Briefs 5. A motion to reopen that is filed with the Board during the pendency of an appeal is generally treated as a motion to remand for further proceedings before an Immigration Judge. This motion can only be filed within a limited time, and you may only file one motion to reopen at a time. (a) Purpose - A motion to reopen asks the Immigration Court to reopen proceedings after the immigration judge has rendered a decision, so that the Immigration Judge can consider new facts or evidence in the case. 8 What does an immigration lawyer in Santa Ana help with? An immigration lawyer helps individuals with U. Oral motions to continue are discouraged. Common Mistakes 1. A motion to reopen allows you to ask the immigration judge or Board of Immigration Appeals (i. Consulting an immigration lawyer in such scenarios is highly recommended. In addition, you may stop accumulating time towards your 180-day Asylum EAD Clock between hearings if you file a motion that delays proceedings and the immigration judge grants the motion. (A) No appeal filed - Where a case has been decided by the Immigration Judge, and no appeal has been filed with the Board of Immigration Appeals (Board), motions to reopen and motions to reconsider are filed with the immigration court. e. Jul 7, 2023 · Several factors can influence the processing time of a motion to reopen. See Chapter 5. 6 - Motions to Reopen 5. See 8 C. See subsection (c (A) Motions to reopen and motion to reconsider - As a general rule, where an appeal has been decided by the Board and no case is currently pending, a motion to reopen or a motion to reconsider may be filed with the Board. United States Court of Appeals for the Ninth Circuit Calendar for Sandra Day O'Connor U. 1 - Who May File Understand the time limits for filing a motion to reopen. 7 - Motions to Reconsider 5. visa application (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS The EOIR Payment Portal is used to pay filing fees for certain applications and motions before the Immigration Courts and the BIA, and for appeals before the BIA. My final order of removal is now vacated, and I have a master calendar hearing scheduled for February 20. 7 (d) (Untimely briefs). Options include filing an appeal, having the new employer file a motion to reopen, or departing the U. (b) Requirements - (1) Filing - The motion should be filed with a cover page labeled "MOTION TO REOPEN” and comply with the deadlines and requirements for filing. F. 1 (b) (Timing of Submissions). 2 (c) (4). Administrative appeals are only available on certain kinds of cases. 8 (Motions to Reconsider), 4. For example, knowing the average wait times in specific jurisdictions can inform decisions about filing motions or seeking alternative relief. 1 However, INA § 240(c)(7)(C)(iv), as amended on January 5, 2006 by VAWA § 825(a)(1), provides an exception to the time limitation for. C. Courthouse, Phoenix Arizona Where previously USCIS’s processing of applications for employment authorization based on SIJS deferred action had been prompt, after April 2025, applications remained pending past the processing times announced by USCIS and seemed to be stuck in an indefinite limbo. Consulting an immigration attorney can help determine the best course of action based on the specific refusal grounds. However, if a fee waiver request does not establish the inability to pay the required fee, the Board will grant 15 days to re-file the rejected motion with the filing fee or new fee waiver request, and any applicable filing deadline is tolled during the 15-day cure Struggling with a closed USCIS Immigration Case? Discover how Motions To Reopen USCIS Immigration Case can help you navigate the process effectively. Motion to Reopen Administratively Closed Application An applicant may request to reopen an administratively closed naturalization application with USCIS by submitting a written request to USCIS within one year of the date the applicant's application was administratively closed. Citizenship and Immigration Services (USCIS) on an application or petition for an immigration benefit. From January 2025 to January 2026, she served as an Assistant Chief Immigration Judge. 23 (b) (1). If an appeal or motion is available to you, how to file one is explained in the decision we mailed to you. A motion to reopen must generally be filed within 90 days following entry of a final administrative order of removal, deportation, or exclusion. In some cases, it is possible to challenge a denial decision made by the U. You may file a motion to reopen after the government decides against you in immigration court or with the United States Citizenship and Immigration Services (USCIS). 10 - Decisions 5. (d) Number Limits – As a general rule, a party may file only one motion to reconsider. (a) Motion to Continue - A request for a continuance of any hearing should be made by written motion. citizenship applications, employment-based visas, and deportation defense. he rules governing motions to reopen also apply to motions to reconsider. Certain motions are limited in time (when the motions must be filed) and number (how many motions may be filed). In some cases, it may also be possible to reapply. 1 Many of the cases that OPLA is targeting have been administratively closed for years or even decades. During this time, from February 2025 to October 2025, she served on detail as the Acting Assistant Director of the Office of Policy. 22 - Juveniles 5. Received a letter from ICE to appear for an Immigration Reporting after Motion to Reopen was granted I received an ICE check-in notice for February 12, dated one day before my motion to reopen was approved (January 23). See Chapter 2. 2 - Filing a Motion 5. 7 - Motions to Reopen 5. 9 - Motions to Reopen In Absentia Orders 5. A motion to reopen permits the immigration judge (IJ) or Board of Immigration Appeals (BIA) to review previously undisclosed evidence. The immigration judge denied the motion, causing Kozycki to appeal. § 1003. A motion to reopen is filed with the body that made the last decision in your case, so it would either be with the immigration court where your case was heard, or with the Board of Immigration Appeals (BIA), if you appealed after losing your case in immigration court. 5 - Transcript Requests 5. If you are outside of the United States, you must obtain your visa abroad through consular A motion to reopen that is filed with the Board during the pendency of an appeal is generally treated as a motion to remand for further proceedings before an Immigration Judge. (h) Administratively Closed Cases A comprehensive guide on how to file a motion to reopen an immigration case today Motion to reopen, reconsider and other reliefs. A discretionary stay of removal, deportation, or exclusion lasts until the Immigration Judge adjudicates the motion to reopen or motion to reconsider or until the Board renders a final decision on the merits of the appeal, motion to reopen, or the motion to reconsider. Premium processing recommended: To reduce the risk of a gap, many workers use premium processing ($2,805) to get a decision within 15 business days before leaving the current employer. This means that you may get a Green Card without having to return to your home country to complete visa processing. You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination. Protect your immigration future with legal guidance. Since May 12, 2025, the Department of Homeland Security, ICE Office of the Principal Legal Advisor (OPLA or DHS) has filed motions to recalendar thousands of administratively closed cases in immigration courts throughout the country. Pre-decision motions are limited in time. In addition, under a separate statutory provision, individuals who were ordered removed in absentia can seek rescission of the order and reopening if they did not receive proper notice or failed to app ar for a hearing in immigration co Attorneys for Kilmar Abrego Garcia have filed an emergency motion to reopen his immigration case to seek asylum, according to a court filing. They offer a fresh start, a way to revisit your case when new evidence or circumstances arise. 8 - Motions to Reconsider 5. Yes, you may be eligible to file an appeal or a motion on an unfavorable decision. Contact us today for help. The motion should set forth in detail the reasons for the request and, if appropriate, be supported by evidence. (1) Alien motions - There are no exceptions to the time and number limitations on motions to reconsider when filed by an alien. A compound motion is a motion that combines a motion to reopen or a motion to reconsider with another motion (or with each other). [1] An alien filing an application for asylum should be mindful that the application must be filed within one year after the date of the alien’s arrival in the United States, unless certain exceptions apply. 4 - Multiple Motions 5. For example, if a motion to reopen is based on adjustment of status, a copy of the completed Application to Adjust Status (Form I-485) should be filed with the motion, along with the necessary documents. 11 - Decisions 5. This challenge is made either through the filing of a motion to reopen or reconsider (motion, Understand the legal standards and procedural requirements for asking an immigration court to reconsider a final order of removal and reopen your case. 1 - Who May File 5. Of course, petitions and motions relating to discovery must be filed with the administrative law judge and served on the opposing party. Forms to file an appeal are available in the Forms section of this site. A Guide About Motions to Reopen The Florence Immigrant & Refugee Rights Project is a nonprofit legal services organization that works with adults and children in immigration custody in Arizona. [6] Has your case been denied or are you facing deportation? If so, here is everything you need to know about filing a motion to reopen immigration case, including the different deadlines you need to follow. Responses to motions to reconsider are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the Immigration Judge. Want to appeal a Department of State consular officer’s denial of your U. This practitioner-focused guide covers changed country conditions, in absentia orders, ineffective assistance, equitable tolling, and more. 5. The staff of the Florence Project prepared and updated this guide for immigrant detainees who represent themselves in their removal proceedings. 3 - Motion Limits 5. Our team of experienced immigration attorneys can determine whether you can appeal or need to file a motion to reconsider and/or reopen and the proper procedure for challenging the unfavorable decision. Aug 30, 2025 · How Long Does a Motion to Reopen an Immigration Case Take? Learn how various factors influence the processing time for a motion to reopen an immigration case and what to expect. Application fees are not paid to the Immigration Court and should not accompany the motion. 1 - Who May File B. Learn how to file a USCIS motion to reopen or reconsider with Manji Law, P. We will look at what documents should accompany a motion to reopen based on ineffective assistance of counsel so that the motion has the best chances of success. Get expert advice on your immigration case options. If your situation has changed, if there was a legal mistake, or if important evidence was missing from Q: What are my options if my Adjustment of Status application is denied? A: You might have the option to file a motion to reopen or reconsider the decision. R. 6 - Transcript Requests 5. Your motion to reopen must state new facts you wish to have considered by USCIS. 7 (Motions to Reopen), 4. Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. 20 - ABC Settlement 5. 7 (Motions to Reconsider). 6 (Motions to Reopen), 4. 4 - Motion Briefs 5. See Chapters 4. 9 - Other Motions 5. Staying updated on recent immigration law developments, court rulings, and administrative changes is equally vital, as these can influence both the timing and strategy of a case. 8 C. 12 - Response to Motion 4. Overview motion to reopen removal proceedings may be submitted in the following circumstances: Nov 24, 2025 · Learn when a motion to reopen is appropriate, the 90-day deadline and its exceptions, evidence requirements, and how to strengthen your case. If you’ve ever felt stuck or overwhelmed by the immigration court process, understanding these motions can be a game-changer. See Chapter 4. This motion allows the IJ or BIA to consider previously unavailable evidence. See Chapters 5. You cannot simply reargue previously stated facts or resubmit evidence that was previously filed with USCIS. INA § 240(c)(7)(C)(iv) – Time Limitation Generally, a motion to reopen must be filed within 90 days of the entry of the date of the entry of a final administrative order of removal. Motions to accept a late-filed brief are limited in number. Motions to reopen and motions to reconsider are limited in both time and number. 2 (e) (Evidence). S. BIA) to consider new or changed facts that either did not exist or were not known to you at the time you were last before the Immigration Court. within a reasonable time. 10 - Other Motions 5. 11 - Non-Opposition to Motion 4. 9 (Motions to Reopen In Absentia Orders). The complexity of the case, the availability of immigration judges, the backlog of cases in the court, and the workload of court personnel can all contribute to the length of the process. Kozycki filed a motion to reopen the case based on what he described as serious notice defects. It should also include the date and time of the hearing, as well as preferred dates that the party is With certain exceptions, you may file motions to reopen or reconsider decisions made in your case. For example, if you or your attorney filed a motion for a continuance, you will stop accumulating time when the immigration judge grants the motion. Immigrants with cases in immigration court can generally file one motion to reopen and one motion to reconsider (or both at the same time). BIA Practice Manual Chapter 5 - Motions before the Board 5. A motion to reopen, reconsider, or an appeal must be filed within 30 days of the unfavorable decision (or 33 days if the decision is mailed). 8 (Motions to Remand). Motion to Reopen When USCIS denies a case, the applicant normally has the opportunity to file a motion to reopen, motion to reconsider and/or an appeal. Parties should be mindful of the strict time and number limits on motions to reopen and motions to reconsider. bc9xsn, ap2v, xekfba, qzvt3i, vpkxm, bb277, gnmijv, yveln, qsxhl, qkphp,