Motions to reopen an immigration case
A prior removal order is not always the end. A motion to reopen can, on limited grounds and short deadlines, reopen a case — including one decided in your absence. Timing is everything. Free consultation.
Reopening a closed case
Can an immigration case be reopened after a removal order?
Sometimes. A motion to reopen asks the immigration court or Board of Immigration Appeals to reopen a case based on new facts or evidence, changed circumstances, or lack of proper notice. There are strict deadlines (often 90 days, with exceptions) and numerical limits, but an in-absentia removal order — one entered because the person missed a hearing they were not properly notified of — can sometimes be reopened outside the usual time limit. Because the deadlines are unforgiving, act immediately.
Common grounds
- Lack of proper notice of the original hearing
- New, previously unavailable evidence
- Changed country conditions for asylum-type relief
- Ineffective assistance of prior counsel
Prior results do not guarantee a similar outcome. Every matter is different and depends on its own facts.
No outcome is promised or guaranteed. Descriptions of process are general and are not a prediction about any specific matter.
The information on this page is provided for general informational purposes only and does not constitute legal advice.
Attorney advertising. This material is for general information and may be considered advertising under the rules of the State Bar of Texas and the Oklahoma Bar Association.
Frequently asked questions
- I was ordered removed in absentia — can it be undone?
- Sometimes. If you were not properly notified of the hearing, a motion to reopen may be possible, in some cases outside the usual deadline. Call immediately — timing is critical.
- Is there a deadline to file a motion to reopen?
- Yes — often 90 days, with important exceptions. The deadlines are strict, so do not wait to seek advice.