Tagged #motion-to-reopen
Every article we've published on this topic, sorted by the agency's own announcement date.
Federal judge orders Trump administration to return deported Houston woman
A Houston federal judge ordered the government to return Marcela Linda Arias, deported while seeking to reopen her domestic abuse case. The ruling reflects judicial intervention in Trump administration removals.
Matter of DIJI: BIA Overrules 25-Year Notice Rule in Removal Proceedings
The Board of Immigration Appeals overrules Matter of G-Y-R- and establishes that DHS can mail removal notices to a respondent's most recent address on file, even if the address was stale when the notice was issued. Practitioners must update client address-change strategy.
Motions to Reopen: The Number and Time Bars, and the Changed-Country-Conditions Door
INA §240(c)(7) gives a respondent one motion to reopen, filed within 90 days. The statutory exception for changed country conditions is the door that asylum, withholding, and CAT motions continue to walk through.
BIA Opens Path to Reopen In Absentia Removals for 'Exceptional Circumstances' Caused by Traffic
Board of Immigration Appeals clarifies that traffic and severe weather can constitute exceptional circumstances to reopen removal orders entered in absentia under INA § 240(b)(5)(C), but requires strict evidentiary showing.
USCIS Motion to Reopen vs Motion to Reconsider on Form I-290B: The 30-Day Window and Two Very Different Standards
On Form I-290B, a motion to reopen and a motion to reconsider live under the same regulation but answer different questions. New facts vs legal error. The 33-day window and Matter of Cerna control.
Mata v. Lynch: Can courts review BIA denials of reopening based on ineffective counsel?
Supreme Court oral argument preview on whether federal courts can review BIA decisions denying motions to reopen removal proceedings when based on ineffective assistance of counsel claims—affecting jurisdiction, equitable tolling, and appellate remedies.