Motion to Reopen & Appeal Cases
IMMIGRATION ATTORNEY LAURA LEON
Motions to reopen and immigration appeals are two legal processes that an immigrant can utilize when faced with an unfavorable immigration outcome. As an immigration appeals attorney, we understand the nuances of these legal proceedings and use them effectively to help our clients.
If you’ve received an unfavorable immigration decision, here’s what you need to know about choosing between a motion to reopen or an immigration appeal.
Table of Contents
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Immigration Appeal
An immigration appeal is a legal process that can be used to challenge an adverse decision by a U.S. immigration court or agency. When an immigrant believes that the decision made regarding their case was wrong or improper, they can file an appeal to a higher authority.
To be successful with an immigration appeal, an immigrant must prove that the decision made by the immigration court or agency was legally incorrect. This may involve pointing out flaws in the legal process, incorrect application of the law, or failure to consider important facts related to the case.
The appeal process can be lengthy and complex, and it’s important to have an experienced immigration appeal attorney who understands the legal system and can effectively present your case.
Motion to Reopen
This process is used to ask the same immigration court or agency to reconsider a decision that has been made in a case.
A motion to reopen can be filed if an immigrant has new evidence that was not available during the original case or if there were serious legal errors made during the previous proceedings. It’s important to note that there are strict deadlines for filing a motion to reopen and certain eligibility requirements that must be met.
Working with an immigration appeal attorney who understands the legal complexities of a motion to reopen is crucial to success. We can help gather evidence, navigate the legal system, and present a compelling case to the court or agency.
Motion to Reopen in Immigration Court
If your motion is granted and the court reopens your case:
- You will need to attend a new hearing.
- This hearing will allow you to present new evidence.
- You can argue why you should be allowed to remain in the country.
It is important to note that approval of your a motion to reopen in immigration court does not automatically grant you legal status or stop any deportation proceedings. It simply allows for a review of your case under certain circumstances. It is crucial to continue working with an experienced immigration appeal attorney throughout this process in order to increase the chances of success.
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Motion to Reconsider
A motion to reconsider is filed when there is a belief that the immigration court made an error in its previous decision. This motion requests the court to reevaluate the decision based on legal grounds, often citing misapplication or misinterpretation of the law. Unlike a motion to reopen, which introduces new facts or evidence, a motion to reconsider focuses solely on the existing record and arguments that demonstrate the legal mistake.
It is important to file a motion to reconsider within the designated timeframe, typically 30 days from the date of the decision. Missing this deadline may result in the loss of the opportunity to request a reconsideration.
When is The Best Time to Contact an Immigration Appeal Attorney?
The best time to contact an immigration appeal attorney is as soon as you receive notice of an unfavorable decision from an immigration authority. Prompt action is essential because appeal deadlines are strictly enforced and typically leave little room for delays.
Early consultation with an attorney allows them to thoroughly review your case, identify potential errors or oversights in the original decision, and formulate a strong strategy for your appeal. Additionally, seeking legal help early gives you the opportunity to ask questions, understand your options, and prepare the necessary documentation ahead of critical deadlines.
A skilled immigration appeal attorney can make all the difference in building a strong motion to reopen or immigration appeal. At Laura Leon Law, we carefully analyze your case, identify legal errors or new evidence, and craft persuasive arguments to give you the best chance at a favorable outcome. From gathering critical documentation to addressing potential weaknesses, our team is here to guide you every step of the way.
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Schedule a Consultation with an Immigration Appeal Attorney
Don’t navigate this complex process alone. If you or a loved one is facing an immigration issue, now is the time to act. Schedule a consultation with our experienced immigration appeal attorney today and let us help you fight for your future.
