The Power of Motion to Reopen and Terminate Removal Proceedings

As an immigrant, the fear of being deported is a constant worry that can disrupt your life and tear apart families. However, there is a legal remedy that can help you fight against removal proceedings – the motion to reopen and terminate. This powerful tool allows individuals to present new evidence or arguments in their case and potentially stop their deportation. In this article, we will explore the ins and outs of this motion, its requirements, and how it can be a game-changer in immigration cases.

Understanding the Basics: What is a Motion to Reopen and Terminate?

Navigating the complexities of immigration law can be daunting, especially when facing removal proceedings. One crucial legal tool available to individuals in such situations is the motion to reopen and terminate. If you’re unfamiliar with this term, don’t worry – you’re in the right place. In this article, we’ll discuss everything you need to know about this important legal mechanism. From understanding its basics to navigating the filing process, we’ve got you covered.

Understanding the Basics: What is a Motion to Reopen and Terminate?

A motion to reopen and terminate is essentially a lifeline in immigration proceedings. It’s a formal request made to the immigration court to reopen an individual’s case and terminate removal proceedings. This motion provides a second chance to present new evidence or arguments that were not available during the initial hearing. But who can actually file this motion? Well, the individual in removal proceedings, their attorney, or even the Department of Homeland Security (DHS) can take this step. The primary aim here is to give individuals the opportunity to introduce crucial information that could potentially alter the outcome of their case.

Legal Framework Governing Motions to Reopen and Terminate

The motion to reopen and terminate is not just a haphazard process; it is governed by specific laws and regulations. Two key pieces of legislation come into play here:

Immigration and Nationality Act (INA)

The INA is the primary body of law that governs immigration in the United States. It outlines the procedures and conditions under which a motion to reopen and terminate can be filed. This includes the timelines, requirements, and legal standards that must be met.

Code of Federal Regulations (CFR)

The CFR complements the INA by providing detailed regulations on the procedural aspects of filing a motion. It’s a dense legal document, but it essentially provides the “how-to” guide for attorneys and individuals navigating this process.

Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals (BIA)

These bodies play a crucial role in reviewing motions to reopen and terminate. The EOIR oversees immigration courts, while the BIA handles appeals. Both entities ensure that the motions are reviewed fairly and in accordance with the law.

Conditions and Requirements for Filing a Motion

Filing a motion to reopen and terminate is not as straightforward as it sounds. There are specific conditions and requirements that must be met:

Time Constraints and Deadlines

One of the most critical aspects is the timing. Most motions must be filed within 90 days of the final removal order. However, there are exceptions, especially if new evidence has come to light that could not have been discovered earlier.

New Evidence or Changed Circumstances

The cornerstone of a successful motion to reopen is the introduction of new evidence or changed circumstances. This could be anything from newly discovered documents, changes in the law, or even new facts about the individual’s situation that weren’t available during the original hearing.

Specific Conditions

Certain conditions make the motion more likely to be accepted. For instance, if the individual was ordered removed in absentia (in their absence), showing that they didn’t receive proper notice of the hearing can be a valid ground for reopening the case.

The Filing Process

Filing a motion to reopen and terminate requires meticulous attention to detail. Here’s a step-by-step guide to help you understand the process:

Step 1: Preparing Your Documentation

Gather all relevant documents, including new evidence, affidavits, and any other supporting materials. This documentation is crucial as it forms the backbone of your motion.

Step 2: Completing the Necessary Forms

You’ll need to fill out specific forms, primarily the EOIR-29 for filing the motion to reopen. Ensure that all sections are completed accurately and honestly.

Step 3: Submitting the Motion

Submit the motion to the immigration court that issued your removal order. Ensure that you adhere to any additional local rules that may apply to your jurisdiction.

Common Challenges and Obstacles

Filing a motion can be challenging, and common obstacles include gathering adequate evidence, meeting the strict deadlines, and understanding the legal criteria. Legal representation can significantly alleviate these challenges.

What Happens After Filing the Motion?

Once the motion is filed, it undergoes a review process:

Review by the Immigration Judge

The first step is a review by an immigration judge. The judge will evaluate the motion, the evidence, and any applicable legal standards. This review is critical as it determines the next steps.

Possible Outcomes

• Approval: If the judge approves the motion, removal proceedings will be terminated, and the individual can remain in the country.

• Denial: If denied, the individual must proceed with the removal order, although there is an option to appeal.

Appeal Process

If the motion is denied, you can appeal the decision to the Board of Immigration Appeals (BIA). This involves submitting a Notice of Appeal and supporting documents within 30 days of the denial.

Tips for Successfully Navigating the Process

Navigating the motion to reopen and terminate process can be challenging, but these tips can help increase the likelihood of success:

Importance of Legal Representation

Having an experienced attorney can significantly improve your chances. They can guide you through the complex legal landscape and help present a strong case.

Gathering Strong Evidence

Ensure that the evidence you present is compelling and relevant. This could include expert testimonies, new documents, or any other material that supports your case.

Best Practices

• Be honest and transparent in your motion.

• Meet all deadlines meticulously.

• Clearly state the grounds for reopening and terminating the case.

When Can You File a Motion to Reopen and Terminate?

There are specific time limits for filing a motion to reopen and terminate, and it varies depending on the circumstances of the case. Generally, an individual can file this motion within 90 days from the date of the final removal order. However, there are exceptions to this rule, such as:

• If the individual has new evidence that was not available during their initial hearing.
• If the individual can demonstrate that they were not properly notified of their hearing.
• If the individual can show that their previous attorney provided ineffective assistance.
• If the individual can prove that there was a fundamental error in their case.

It is crucial to note that filing a motion to reopen and terminate does not automatically stop the deportation process. The individual must also file a stay of removal to halt their deportation while the motion is pending.

The Process of Filing a Motion to Reopen and Terminate

Filing a motion to reopen and terminate can be a complex and time-consuming process. It requires a thorough understanding of immigration laws and procedures, making it crucial to seek the assistance of an experienced immigration attorney. Here are the general steps involved in filing this motion:

1. Gathering New Evidence: The first step is to gather new evidence or arguments that were not previously available during the initial hearing. This can include documents, witness statements, or expert opinions that can support your case.
2. Drafting the Motion: The motion to reopen and terminate must be written in a specific format and include all relevant information and supporting evidence. It must also include a legal argument explaining why the case should be reopened and terminated.
3. Filing the Motion: The motion must be filed with the immigration court that issued the final removal order. It must be accompanied by a filing fee and a copy must be served to the opposing party, which is usually the DHS.
4. Attending a Hearing: In some cases, the immigration judge may schedule a hearing to review the motion and hear arguments from both parties. The individual must attend this hearing and present their case.
5. Receiving a Decision: The immigration judge will review the motion and make a decision on whether to grant or deny it. If the motion is granted, the removal proceedings will be terminated, and the individual can remain in the United States. If the motion is denied, the individual can appeal the decision to the BIA.

The Benefits of Filing a Motion to Reopen and Terminate

The motion to reopen and terminate can be a game-changer in immigration cases. It provides individuals with a second chance to present their case and potentially stop their deportation. Here are some of the benefits of filing this motion:

• It allows individuals to present new evidence or arguments that were not previously available.
• It can provide individuals with more time to gather evidence and build a stronger case.
• It can stop the deportation process and allow individuals to remain in the United States.
• It can potentially lead to a favorable outcome, such as a grant of relief or cancellation of removal.

Conclusion

The motion to reopen and terminate is a powerful tool that can help individuals fight against removal proceedings. It allows individuals to present new evidence or arguments and potentially stop their deportation. However, it is a complex and time-consuming process that requires the assistance of an experienced immigration attorney. If you or a loved one is facing removal proceedings, do not hesitate to explore this legal remedy and fight for your right to remain in the United States.

FAQs

1. Can I file a motion to reopen and terminate if I have already been deported?
   • No, this motion can only be filed if you are currently in removal proceedings.
2. Can I file a motion to reopen and terminate if I have a final removal order?
   • Yes, you can file this motion within 90 days from the date of the final removal order.
3. How long does it take for a decision to be made on a motion to reopen and terminate?
   • It varies, but it can take several months for a decision to be made.