A person who receives a negative judgment in their immigration case can file a motion for the court to reopen or reconsider an immigration case. This is possible, but these types of motions have to be made under certain circumstances. A motion to reopen the immigration case usually has to be based on new facts that have emerged since the original court session. On the other hand, a motion to reconsider a case is based on a misuse of the law or a violation of constitutional rights that may have occurred throughout the original case. If you are wondering how to reopen an immigration case, you first need to be sure of what type of case you have on your hands.

How to Reopen an Immigration Case?

Sometimes a negative verdict on your immigration case might feel like the end of the world, but that is far from the case most of the time. There are mechanisms in place to reopen a case or to request that the case is reconsidered. Let’s take a look at these two options.

Reopening an Immigration Case

In case you are looking to reopen an immigration case, you will need to be aware of the details of the case. It is very possible that your case does not need to be reopened but to be reconsidered. To reopen a case, you must apply for it within ninety days after an order of deportation, exclusion, or removal. There are exceptions that apply when removal orders were issued when the individual in question was not present for one reason or another. If there has been any important development in the immigrant’s case since the order was issued, an immigration case can be reopened through a motion so that the court takes this new information into account.

Reconsidering an Immigration Case

An immigrant who is ordered deported or removed may file a motion to reopen, a motion to reconsider, or both motions at the same time. When an immigration case is sought to be reconsidered, it is because the individual’s legal team considers that throughout their case there was a violation of their constitutional rights or the court made a legal error involved. Reconsidering a case does not depend on newly acquired information but on a reassessment of the information already presented when the case was first made. Through the process, the verdict of an individual’s case can be reconsidered in order to possibly reach a better outcome for the person in question.

Find the Immigration Attorney You Need

The first instinct of many people summoned to immigration court is not to show up for fear of being deported. But not appearing in court means that the judge can rule against you without hearing your case. If you appear with the necessary legal help, you have the opportunity to present your case and obtain a ruling in your favor. If you would like a free consultation to discuss your case, contact our immigration attorneys at Paniotto Law through the information on our contact page. We are here to help you.