Immigration:

Motion to Reopen or Reconsider

A motion to reopen or reconsider a case is used to present new evidence in a case, and there are strict rules to consider when using it. Courts dislike motions like this because of the potential for unnecessarily delaying deportation, and a judge may deny the motion if the alien has previously failed to establish an adequate case.

This motion will not stop a pending deportation order but aliens may go to the Board of Immigration Appeals (BIA) to file an administrative appeal which automatically delays the administration of a pending deportation order. The BIA decision to uphold the deportation order, throw it out, or send the case back to the immigration judge is final. Within six months, however, the alien may appeal a decision of the BIA to a federal court for judicial review. Courts may hear the case if there have been violations of the alien's constitutional rights.

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