Motions To Re-Open and Reconsider
If your immigration case is denied by the local Immigration Judge or USCIS you may still have legal options to get the result you seek. There are options available to appeal the Judge’s decision to a higher authority. The case may be able to be reopened at this point. It also may be possible to ask the courts to reconsider the decision made with attorney defense. Examples of motions that may be available to the alien are:
- A motion to reopen generally seeks that the court, Board or Agency reopen the case based upon new facts or evidence that was not reasonably available at the time the denial was entered.
- A motion to reconsider usually is more appropriate if the court failed to properly consider certain evidence or incorrectly applied the law in reaching a decision.
- Most Motions to Reopen or Reconsider must be filed 90 days after the order denying your case is entered. Usually this can only be done only once. Some exceptions may apply. It is in the best interest of the alien to obtain an attorney. Attorney Carlos Sandoval will be able to inform you of what petitions may apply.