Removal Proceedings
Can You Reopen a Closed Immigration Case?
By Andressa Meerbott9 min read
Summary: A closed immigration case is not always the end of the road. Filing a motion to reopen with the immigration court or Board of Immigration Appeals can revive your case when new facts, country conditions, or procedural errors come to light.
Key Takeaways
- A motion to reopen an immigration case asks the immigration court or Board of Immigration Appeals to reconsider a closed case based on new facts or evidence.
- Common reasons to reopen include additional evidence not available before, country conditions, ineffective counsel, or government error.
- Most motions must be filed within 90 days of the final decision, with exceptions for specific circumstances.
- Filing fees apply to most motions, but a fee waiver request is available for those who cannot afford the cost.
- In absentia removal orders may be reopened anytime if the respondent never received proper notice.
- Administratively closed cases reopen through a motion to recalendar rather than a motion to reopen.
- An experienced attorney protects every step of the reopening process and gives your case the best chance of success.
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The case was over the day the immigration judge issued the order. Then everything changes. A document arrives that should have been part of the original hearing. Suddenly, the question is no longer whether the case is closed, but whether it may be reopened.
According to EOIR adjudication statistics, 54,409 motions to reopen were filed in U.S. immigration courts in FY 2025, a 22% increase from 44,654 in FY 2024, alongside 127,861 motions to recalendar filed during the same period.
Reopening an immigration case in Florida is possible in more situations than most people realize. Knowing the rules, deadlines, and required evidence is the difference between a fresh start and a permanent loss.
In this post, you will learn:
- What it means to reopen an immigration case under U.S. immigration law
- The most common reasons to file a motion to reopen
- Procedural rules at the immigration court and the Board of Immigration Appeals
- When an experienced attorney makes the difference
- Reopening a case after a deportation order has been issued
What It Means to Reopen an Immigration Case
To reopen an immigration case is to ask the immigration court or Board of Immigration Appeals to review new information that could change the outcome of a previously closed case. The request comes through a motion to reopen, a formal filing governed by strict procedural rules.
Reopening differs from appealing the original decision. The motion to reopen focuses on new information unavailable at the original hearing, while an appeal challenges legal errors in the existing record.
Common Reasons to Reopen an Immigration Case
Several situations support filing a motion to reopen. Successful motions generally demonstrate new facts, additional evidence, or a procedural failure that genuinely affected the outcome.
Per the DOJ Executive Office for Immigration, EOIR's pending case backlog dropped 5.1% by the end of FY 2025. This was the first decrease since FY 2006, with immigration judges completing 31.27% more cases per adjudicator.
Faster processing raises the stakes on filing the right motion at the right time.
1. Additional Evidence Not Available at the Original Hearing
The strongest motions present material additional evidence that did not exist or could not be discovered at the original hearing. Examples include medical records, family changes, criminal history updates, and witnesses who have only recently become available.
The evidence must be both material and previously unavailable. A motion based on records that should have been presented at the original hearing usually fails.
2. Country Conditions That Affect Asylum or Relief
Asylum cases are often reopened based on country conditions in the home country. A new wave of violence, a regime change, or escalating persecution of a protected group will all support a motion to reopen.
These motions are an exception to the standard 90-day deadline. Country-conditions filings may be submitted at any time when the changes are material.
3. Ineffective Assistance of Counsel or Government Error
A motion based on ineffective counsel argues that a prior attorney's mistake altered the outcome. Specific procedural requirements apply, including notifying the prior attorney and giving them a chance to respond.
Government error, such as failure to provide proper notice or homeland security misconduct, also supports the request. Such filings often succeed when the error clearly prejudiced the case and the removal proceedings were conducted unfairly.
How to File a Motion to Reopen an Immigration Case With the Immigration Court
Filing a motion to reopen an immigration case with the immigration court requires careful attention to both substance and procedure. The motion must explain the legal basis, document the additional evidence, and meet all applicable deadlines.
The motion is filed with the same immigration court that issued the original decision, accompanied by supporting documentation and the appropriate filing fees.
Deadlines and Time Limits
Most motions must be filed within 90 days of the final decision. Missing the deadline almost always results in a denial, unless one of the exceptions applies.
Exceptions to the 90-day deadline include in absentia removal orders, country-conditions in asylum cases, and certain ineffective-assistance-of-counsel claims subject to specific procedural requirements.
Filing Fees and Fee Waiver Request Options
A motion carries filing fees set by the Executive Office for Immigration Review. The standard fee applies to most motions submitted to the immigration court.
A fee waiver request is available for respondents who cannot afford to pay. The waiver requires documentation of inability to pay and is granted in many cases when properly supported.
Filing a Motion to Reopen With the Board of Immigration Appeals
If the case has already been appealed and the Board of Immigration Appeals issued a final decision, the motion must be filed directly with the Board. The procedural rules largely mirror those at the immigration court, but the Board applies stricter standards.
The same 90-day deadline applies, with the same narrow exceptions. The level of supporting documentation required is also higher, since attention to detail matters even more when the case is before the Board.
Special Situations That Allow You to Reopen an Immigration Case
Some cases qualify for special procedures that override the standard 90-day rule. These situations give respondents a longer runway to bring their case back to immigration court proceedings.
Common special situations include:
- In absentia removal orders: when an immigration judge issues a deportation order because the respondent failed to appear, motions may be filed at any time if proper notice was never received
- Country conditions: asylum cases may be reopened at any time when new evidence supports the original claim for relief
- Ineffective assistance of counsel: motions filed based on a prior attorney's serious error qualify when respondents follow strict notice and documentation rules
- Administratively closed cases: when proceedings were closed without a final decision, the proper filing is a motion to recalendar, which is not subject to the same time and number restrictions
- Homeland Security joint motions: when the government agrees to reopen the case, the joint filing bypasses many of the standard procedural restrictions
- Sua sponte reopening: in rare cases, the immigration judge may reopen proceedings on their own authority when justice clearly requires it
- Failure to receive notice: when the respondent proves the original notice was never delivered, the case may be reopened regardless of the time limit
- New eligibility for relief: when a respondent newly qualifies for cancellation of removal or other relief, the case may be reopened so the new claim is heard
Each special situation has its own requirements, deadlines, and evidence standards. An experienced attorney evaluates which path fits your case.
What Happens After You File the Motion
After you submit the motion to reopen, the immigration judge or Board of Immigration Appeals reviews the filing and any response from Homeland Security. Motions filed with strong evidence move faster than weak motions submitted without proper support.
If the judge grants the motion, the immigration case returns to active proceedings and a new hearing is scheduled. If the motion is denied, the original removal order stands, though respondents may appeal the denial.
Motions to reconsider remain a separate option when a legal error is found in the record.
Why You Need an Experienced Immigration Attorney to Reopen an Immigration Case
Reopening a closed case is one of the most procedurally demanding processes in immigration law. The right experienced attorney protects every deadline, every piece of evidence, and every chance to revive your immigration case.
An experienced attorney brings:
- Deep knowledge of EOIR procedural rules and how the immigration court reviews these motions
- Strategic handling of additional evidence, new facts, country conditions, and ineffective counsel claims
- Direct experience with motions filed at both the immigration court and the Board of Immigration Appeals
- Skilled preparation of supporting documents, fee waiver request filings, and any required notice to prior counsel
- Coordination with Homeland Security when a joint motion or stipulated reopening makes sense
- A clear plan for what happens after the motion is filed, including hearings, appeals, and motions to reconsider
The right legal team treats your case as more than another file. You deserve a team that understands the stakes and walks every stage of the reopen process with you.
Frequently Asked Questions About How to Reopen an Immigration Case
How long do I have to file a motion to reopen an immigration case?
Most motions must be filed within 90 days of the final decision in the immigration case. Exceptions include in absentia removal orders, country conditions in asylum cases, and certain ineffective assistance of counsel claims, all of which allow motions to be submitted outside the 90-day window.
What evidence do I need to file a motion to reopen?
A motion to reopen must include additional evidence or new facts that were not available at the original hearing. The evidence must be material to the case, and respondents should submit supporting documents, affidavits, and any records that strengthen the request.
How much are the filing fees for a motion to reopen?
Filing fees for motions submitted to the immigration court and the Board of Immigration Appeals are set by EOIR. Respondents who cannot afford the fees may submit a fee waiver request with documentation of their inability to pay.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen asks the immigration judge to consider new facts or additional evidence not available before. A motion to reconsider asks the judge to review legal errors in the existing record.
Can I reopen an immigration case after a deportation order has been issued?
Yes. The case may be reopened after a deportation order if the motion meets the deadline and presents qualifying new facts, additional evidence, or special circumstances.. Many respondents have been deported only to later succeed on a motion to reopen.
Do I need an immigration attorney to file a motion to reopen?
You are not required to hire one, but an experienced attorney dramatically improves the odds of success. Motions submitted without proper procedure, evidence, or legal grounds are routinely denied.
Bringing Your Immigration Case Back to Life
A closed immigration case might feel like a door slammed shut. The right legal strategy often shows that the door is not locked, just stuck, and the right motion at the right time will open it again.
At 360 Immigration Law Group, our team handles motions to reopen and motions to reconsider for clients across Florida facing the toughest stages of the immigration process. We dig into the record, build the evidence, and file motions that give your case its strongest possible second chance.
If your immigration case has been closed and you believe new facts, additional evidence, or special circumstances justify reopening, contact us today to speak with an experienced South Florida immigration attorney about your next move.
