What is the Difference Between a Motion to Reopen and a Motion to Reconsider?

Motions to reopen and motions to reconsider are common motions that an immigration lawyer can file with the immigration court during your deportation proceedings. These motions help protect your rights if you lose your deportation case following a court hearing. The goal of each of these motions is to reverse the immigration court’s decision as to your deportation. Unlike an appeal, neither motion asks another body or higher authority to review the decision. Instead, you simply are asking the court to review its own decision in your deportation case. A motion to reopen asks the court to reopen your case because there are new facts that would lead to a favorable decision by the court. You are asking the court to hear evidence about these new facts, since they were not previously available or known at the time of your previous deportation hearing. In order to prove the existence of new facts, you must have affidavits and/or other forms of documentary evidence related to those new facts. You must file a motion to reopen within 30 days of the unfavorable immigration court decision, and you only have the opportunity to file a motion to reopen once. You also can file a motion to reconsider if you should lose your deportation hearing. This type of motion asks the court to reconsider its decision based on the fact that the court made an error in applying the law or policy to the facts of your case as you presented them during the hearing. You do not have the opportunity to bring up new facts in a motion to reconsider. You can file for a motion to reconsider 30 days following the court’s final decision that is unfavorable to you. Landerholm Immigration, A.P.C., knows immigration law and has the experience to advocate on your behalf throughout any type of deportation proceeding that you may be facing. We are familiar with the wide range of defenses that are available to individuals facing deportation, and how to build the strongest defense that is available to you, based on the evidence relevant to your case. Contact your California deportation defense lawyers today, and discover what we can do for you.