Asian Journal- The Filipino-American Community Newspaper

QUESTION: What can you do if you are ordered removed by the Immigration Judge?

Answer: You can file an appeal with the Board of Immigration Appeal or file a Motion to Reopen before the Immigration Court that ordered you removed.

Question: What is the purpose of a motion to reopen?

Answer: The purpose of a motion to reopen with the Immigration Court or the Board of Immigration Appeal (BIA) is to have the court or the BIA review the case for either of the following reasons:

There is new material evidence that was not available and could not have been discovered at the time of the hearing before the court or review by the BIA.

There are changed conditions, including a change in the law or facts that may make the individual eligible for relief from removal.

Question: Will the filing of Motion to Reopen stop the removal order of the Immigration Judge (IJ)?

Answer: No. Generally, the filing of Motion to Reopen does not stop removal order. The alien’s attorney should file a Motion to Stay Removal (stop the execution of the removal order) with the Immigration Court or the BIA if it has the jurisdiction. Until the stay is granted the execution of the removal order may proceed.

Question: Where is a motion to reopen filed?

Answer: A motion to reopen is filed with the immigration court that last had jurisdiction unless jurisdiction rests with the BIA after an appeal has been made to that agency.

Question: When should a motion to reopen be filed?

Answer: A motion to reopen must be filed within 90 days of the date on which the Immigration Judge or BIA entered a final administrative order.

Question: What is the fee and form for filing motion to reopen?

Answer: Generally, the filing fee is $110 for a motion to reopen. The motion is written and signed by the alien or his or her attorney supported by affidavits and other evidentiary materials.

Question: What is the general content of a motion to reopen?

Answer: The motion to reopen should state the facts to be proven at the reopened hearing. It should be supported by documentation like:

Affidavits and supporting evidentiary material

Supporting evidence showing eligibility for the relief requested.

Copy of application for relief.

Copy of prior orders by an IJ or the BIA.

Note: This is not a legal advice.