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.
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