Motion to Reopen Lawyer in Bergen County, NJ — What Are Your Options?
A Motion to Reopen is a critical legal filing to ask an immigration judge or the Board of Immigration Appeals (BIA) to reconsider a case after a final order. In Bergen County, handling this demanding process requires precise legal arguments and strict adherence to deadlines. Law Offices Of SRIS, P.C.
Understanding the Motion to Reopen in Immigration Law
The statutory authority for filing a Motion to Reopen is found in the Immigration and Nationality Act (INA) and corresponding regulations of the U.S. Department of Justice. Specifically, 8 C.F.R. § 1003.23 (for Immigration Court) and 8 C.F.R. § 1003.2 (for the BIA) govern the procedures, time limits, and grounds for such motions. A motion to reopen asks the court to reexamine its decision based on new, previously unavailable evidence or a change in law.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | Executive Office for Immigration Review
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to contested immigration matters. We understand that a denied case is not always the end of the road.
Official Resources and Legal Citations
When preparing a Motion to Reopen, it is essential to base arguments on official legal sources. The regulations detailing motion procedures are published by the Executive Office for Immigration Review (EOIR). You can review the specific rules for Immigration Court motions on the EOIR Immigration Court Practice Manual. also, all applicable federal statutes are codified and accessible through the Official U.S. Code maintained by the Government Publishing Office.
Procedural Edge for Bergen County Immigration Cases
Success with a Motion to Reopen in New Jersey hinges on overcoming strict procedural hurdles. The standard deadline is 90 days from the final order, with limited exceptions for changed country conditions or ineffective assistance of counsel. The Bergen County area falls under the jurisdiction of the New York Immigration Court for many cases, adding a layer of logistical the issues involved. Our firm’s systematic approach focuses on building a compelling record from the start.
- Case Evaluation: We immediately obtain all prior court records and the decision to identify potential grounds for reopening, such as new evidence or legal error.
- Evidence Development: We work to gather and authenticate the new, material evidence that forms the basis of the motion, ensuring it meets regulatory standards.
- Legal Briefing: Our attorneys draft a precise legal brief that cites relevant case law and statutes, arguing why the motion should be granted within an applicable exception to the time limit.
- Filing and Service: We ensure the motion, supporting evidence, and proof of service are filed correctly with the appropriate court or the BIA before the deadline.
- Post-Submission Advocacy: We monitor the case, prepare for any potential requests for additional information, and are ready to represent you at any subsequent hearing.
Consequences of an Immigration Order
In Bergen County, a final order of removal can lead to detention, deportation, and a multi-year bar on returning to the U.S., making a timely and well-founded Motion to Reopen critically important.
While every case is unique, the potential outcomes of a Motion to Reopen dictate the next steps:
| Motion Outcome | Legal Effect | Next Steps |
|---|---|---|
| Granted | The prior order is vacated. The case is reopened for a new hearing on the merits. | Proceed with presenting the full case, including new evidence, before the Immigration Judge. |
| Denied | The final order of removal remains in effect. Enforcement proceedings may continue. | Evaluate options for appeal to the BIA (if denied by IJ) or Federal Court (if denied by BIA). |
| Motion to Reconsider Granted | The court re-examines its decision based on legal error, but no new evidence is considered. | The court will issue a new decision based on the corrected legal analysis. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Matter
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, our firm has handled thousands of cases across immigration and other practice areas. Our “Advocacy Without Borders” philosophy means we are committed to exploring every available legal avenue for our clients. While we maintain a strong record of favorable outcomes, we provide candid assessments about the challenges of reopening a case.
Our Approach to Your Case
We focus on the specific facts and legal standards required for a Motion to Reopen. Our process involves a thorough review of your entire immigration history, identification of any procedural errors or new evidence, and the meticulous preparation of a legally sound filing. We aim to present the strongest possible argument to give your case a new opportunity for review.
Results may vary. Prior results do not guarantee a similar outcome.
Motion to Reopen Lawyer Near Bergen County
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. We represent individuals at immigration courts and before the BIA.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
24/7 Phone Consultations: (888) 437-7747
Frequently Asked Questions: Motion to Reopen
What is the deadline to file a Motion to Reopen?
It depends. The general rule is 90 days from the final immigration order. However, important exceptions exist for motions based on changed country conditions or claims of ineffective assistance of counsel, which may be filed at any time.
Can I file a Motion to Reopen if I was deported?
Yes, but it is extremely difficult. Individuals outside the U.S. can file a motion, but they must first obtain permission from the Department of Homeland Security to reapply for admission. Legal guidance is important in this scenario.
What qualifies as “new evidence” for a Motion to Reopen?
New evidence is material facts that were not available and could not have been discovered or presented at the original hearing through reasonable diligence. This can include new country condition reports, newly obtained documents, or in some cases, evidence of prior counsel’s failure.
How is a Motion to Reopen different from a Motion to Reconsider?
A Motion to Reopen is based on new facts/evidence. A Motion to Reconsider argues that the court made an error of law or fact based on the existing record. Both have a 30-day deadline from the final BIA decision, but different legal standards apply.
Where can I find an affordable motion to reopen lawyer Bergen County?
Our firm offers transparent consultations to discuss your case and options. We provide clear information about our services during an initial phone consultation. Contact us at (888) 437-7747 to discuss your specific situation and the associated legal strategies.
Internal Resources
- New Jersey Immigration Lawyer Hub
- Deportation Defense Lawyer in Hudson County
- Criminal Defense Lawyer in Bergen County
Page last verified and updated: April 2026. Immigration laws and policies change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current, case-specific guidance.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Motion to Reopen Lawyer Hudson County, NJ · Motion to Reopen Lawyer Monmouth County, NJ.