Motions to Reopen and Reconsider
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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 reopened at this point. It is also possible to ask the courts to reconsider the decision with defense counsel. Examples of motions that may be available to the foreign national are:
- A motion to reopen generally seeks to have the court, agency or board reopen the case based on new facts or evidence that was not reasonably available at the time the denial was entered.
- A motion to reconsider is generally more appropriate if the Court has failed to properly consider certain evidence or had misapplied the law in reaching a decision.
- Further motions to reopen or reconsider must be filed 90 days after the order denying your case is entered. Generally this can only be done once. Some exceptions may apply. It is in the alien's best interest to obtain an attorney. Attorney Carlos Sandoval will be able to inform you of which petitions apply.
General Information:
- What Is A Motion To Reopen Vs. A Motion To Reconsider In Immigration Law?
- What Is An Appeal As It Relates To The Immigration Process?
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