What happens if motion to reopen is denied?
Asked by: Mr. Titus Reynolds | Last update: November 13, 2025Score: 4.8/5 (26 votes)
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
How do you win a motion to reopen?
A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.
What happens when a motion is denied?
The court will then decide as to whether the motion is granted or denied. If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.
Can USCIS reopen a denied case?
Almost any decision by USCIS can be appealed or reopened or reconsidered. The first question is what happened and what is the best course of action. It may be that any further action is fruitless, but most of the time it is best to file an appeal or motion to reconsider or motion to reopen.
How many times can you file a motion to reopen?
Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. (d) Number Limits — A party is permitted only one motion to reopen. 8 C.F.R. § 1003.23(b)(1) .
One Important Thing To Do if USCIS Denies Your Case
What is the basis for motion to reopen?
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R.
What are the grounds for reopening a civil case?
Grounds for Reopening a Case
New Evidence: One of the most compelling reasons for reopening a case is the emergence of new evidence that was not available or known at the time of the original trial. This evidence must be material and such that, had it been presented initially, it could have led to a different verdict.
What is the success rate of motions to reconsider?
This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.
Can I be deported if my case was denied?
If USCIS denies your request for a U visa, then your status is still the same as it was before you applied. This means that if you are in the country without legal documentation, you are at risk for being detained and deported.
What causes a case to be reopened?
If you believe there is new evidence that supports your innocence or suggests the plea was not voluntary, your attorney will assist you in gathering this evidence. This may include witness statements, surveillance footage, or other documents. Your attorney may need to file a motion with the court to reopen your case.
How do you appeal a denial of motion to reopen?
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
What happens if there is no second to a motion?
A motion requires a second to be considered. If there is no second, the matter is not considered. Each motion must be disposed of (passed, defeated, tabled, referred to committee, or postponed indefinitely).
What to do if motion to stay is denied?
In many states, you must file this Motion to Stay first with the trial court and, if it is denied, then you would re-file it in the appellate court.
How long does it take for USCIS motion to reopen?
How Long Does It Take To Reopen USCIS Motion? The estimated time to reopen a motion before USCIS may vary depending on the following factors: A motion generally takes 90 days to process. The appeal process can take up to 180 days.
How much is a motion to reopen?
(1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. The fee is paid to the Department of Homeland Security in advance. The fee receipt and motion are then filed with the immigration court.
Can a case be reopened with new evidence?
Yes, with several exceptions: If there is a statute of limitations, or time limit on bringing the case to trial.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.
What does it mean when a case is denied?
In USCIS applications, “Case Was Denied” means the agency denies or rejects a petitioner's application.
What triggers deportation?
The U.S. may detain and deport noncitizens who: Participate in criminal acts. Are a threat to public safety. Violate their visa.
What are the three grounds for the Motion for Reconsideration?
Generally a Motion for Reconsideration is filed under three grounds: The availability of new evidence not previously available; An intervening change in controlling law; or. The need to correct a clear error of law or to prevent manifest injustice.
What is the motion to reopen an immigration case?
(a) Purpose — A motion to reopen asks the Board to reopen proceedings in which the Board has already rendered a decision in order to consider new facts or evidence in the case.
What happens after a motion to dismiss is denied?
After the court denies the motion to dismiss, the case moves forward with the legal process, discovery, and trial.
What is it called when a case cannot be reopened?
In the state of California, judicial proceedings may result in the dismissal of a case, a decision that can take two forms: with prejudice or without prejudice. When a case is dismissed with prejudice, it is finalized and cannot be reopened, leaving no room for further legal action on the same matter.
What happens when a case was reopened for reconsideration?
Unlike an appeal, a motion to reconsider or reopen a case does not send the case to a higher legal authority, but requests that the original authority take a second look at the case.
Who can reopen a closed case?
Once a case is closed it is over with. The only way to reopen a closed case is to file a motion to reopen or, if the circumstances are right you can re-file the action. Given your lack of experience in this area you really ought to hire an attorney to handle it for you in the future.