Motions to Reopen
A removal order is not always the end. Where grounds exist, a motion to reopen may allow a case to be heard again.
Speak with the AttorneyWhat it is
A motion to reopen asks the court or agency to revisit a prior decision — often a removal order — so that a case can be considered again on its merits.
Possible grounds
Depending on the facts, grounds can include changed circumstances, a new law or precedent, lack of proper notice, or other bases.
How Montoya Law Group approaches it
A careful review of the record to identify viable grounds, followed by a focused, well-supported motion.
Deadlines and their exceptions
A motion to reopen must generally be filed within 90 days of the final order. The exceptions are specific: motions based on changed conditions in the country of removal in asylum-related cases; motions to rescind an in absentia order, which allow 180 days where exceptional circumstances prevented appearance and have no deadline where notice of the hearing was never properly given; and motions filed jointly with the government. Each exception has its own proof requirements, and choosing the right vehicle matters as much as the merits.
What a motion must show
Reopening is not a second chance to argue the same case. The motion must present evidence that is new, material, and previously unavailable — and show that, if the case were reopened, the person is at least prima facie eligible for the relief sought. Filing a motion does not automatically stop a removal; where needed, a stay must be requested separately. These are precise, documentation-heavy filings, and they are often the last procedural door.
Where a consultation begins
A consultation reconstructs the procedural history — the order, the notice, the dates — and assesses honestly whether a motion fits an exception, what new evidence exists, and what relief reopening would actually make possible. Where an appeal is the better vehicle, that path is laid out instead.
Request a ConsultationThis page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Consult a qualified immigration attorney about your situation. This website is attorney advertising.