New Jersey Motion To Reopen Lawyer — Can You Appeal an Immigration Decision?
A Motion to Reopen is a critical legal request asking an immigration judge or the Board of Immigration Appeals (BIA) to reconsider a case based on new facts or evidence. In New Jersey, filing this motion requires strict adherence to deadlines and procedural rules under federal law. Law Offices Of SRIS, P.C. provides experienced legal help for this demanding process.
What Is a Motion to Reopen in Immigration Court?
A Motion to Reopen asks the court to re-examine a final order of removal, deportation, or denial based on new, previously unavailable evidence or a change in law. It is governed by the Immigration and Nationality Act and corresponding federal regulations. Unlike an appeal, which argues legal error in the original decision, a motion to reopen presents new material facts that could change the outcome. Successfully filing requires meeting specific legal standards and deadlines, making skilled attorney guidance essential.
Last verified: April 2026 | U.S. Department of Justice, Executive Office for Immigration Review | Federal immigration statutes.
Official Government Resources
For the official regulations governing motions, refer to the U.S. Citizenship and Immigration Services (USCIS) website. For procedures before the Board of Immigration Appeals, consult the Executive Office for Immigration Review (EOIR).
The Process for Filing a Motion to Reopen in New Jersey
Filing a Motion to Reopen in New Jersey involves a detailed, multi-step process before the appropriate immigration court or the BIA. The Newark Immigration Court handles many such motions in the state. A key local procedural fact is that the Newark court has specific filing procedures and deadlines that must be precisely followed to avoid automatic denial. An experienced New Jersey Motion To Reopen lawyer understands these nuances.
- Case Evaluation & Deadline Check: An attorney will first review your final order to confirm you are within the 90-day filing deadline (or 30 days for certain BIA appeals). Exceptions exist for changed country conditions or ineffective assistance of counsel.
- Gather New Evidence: Collect all new, material evidence that was not available at the time of the original hearing. This could include new affidavits, country condition reports, or documentation of family ties.
- Draft the Legal Motion: The motion must be formally drafted, citing the correct legal standards (e.g., Matter of Lozada for ineffective assistance claims) and arguing why the new evidence warrants reopening.
- File with the Correct Court: The motion must be filed with the immigration court that issued the original order or with the BIA, along with the correct filing fee or fee waiver request.
- Prepare for Possible Hearing: If the motion is granted, your case will be reopened, and you will have a new hearing before an immigration judge to present your full case.
Why Choose Our Firm for Your Immigration Appeal
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to contested immigration matters. Our firm-wide track record includes thousands of cases handled across multiple states. We understand the high stakes of removal proceedings and provide focused, strategic legal help. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in New Jersey and beyond.
Seeking Legal Help for Your Motion
If you are considering a Motion to Reopen, immediate action is important due to strict deadlines. Our New Jersey Motion To Reopen lawyer can evaluate your situation, identify any new evidence, and advise on the strongest legal strategy. We have successfully assisted clients in Newark and throughout New Jersey in pursuing this form of relief.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-0900
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Our Tinton Falls location serves clients across New Jersey. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the deadline to file a Motion to Reopen?
Yes, there is a deadline. Generally, you have 90 days from the date of the final immigration order to file a Motion to Reopen with the immigration court. For appeals to the Board of Immigration Appeals (BIA), the deadline is typically 30 days. Certain exceptions, like changed country conditions or claims of ineffective assistance of counsel, may allow for filing outside these limits.
Can I file a Motion to Reopen if I was deported in absentia?
Yes, you can. If you were ordered removed in absentia (because you missed your hearing), you may file a motion to reopen within 180 days if you can show that your failure to appear was due to “exceptional circumstances.” If more than 180 days have passed, you must prove you did not receive proper notice of the hearing or that you were in federal or state custody.
What kind of new evidence is required?
The evidence must be material, was not available at the time of the original hearing, and could not have been discovered with reasonable diligence. Examples include new country condition reports, recently obtained documents like a marriage certificate or approved visa petition, or affidavits from witnesses who were previously unavailable.
How long does it take for a decision?
It depends. The processing time varies significantly. The immigration court or BIA has no set timeframe to rule on a motion. It can take several months to over a year to receive a decision. An attorney can help manage expectations and follow up on pending motions.
Do I need a lawyer to file a Motion to Reopen?
Yes. While you can file pro se, the procedural and legal details are high. Missing a deadline, failing to cite the correct legal standard, or improperly presenting evidence can lead to a swift denial. A New Jersey Motion To Reopen lawyer can handle the system, strengthen your argument, and properly present your case.
Related Legal Help: If your case involves other issues, you may also need a New Jersey removal defense lawyer or a New Jersey appeal lawyer. For broader state-wide assistance, see our New Jersey immigration lawyer hub page.
Page Last verified: April 2026. Immigration laws and procedures change frequently. The information on this page is for general understanding and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a legal consultation about your specific situation.
New Jersey law governs this practice area.