What Is a Motion to Reopen?
A motion to reopen is a formal request to the immigration court or the Board of Immigration Appeals (BIA) to review a case that has already been decided.
It isn't an appeal, and it isn't starting over from scratch. It's asking the same system to review your case again because something has changed: new evidence, a new fact, or a circumstance that wasn't part of the picture before. If a judge grants it, your case reopens, and you get another chance to present it.
When Can You Ask to Reopen Your Case?
Not every reason qualifies. These are the most common grounds our Doral clients rely on:
⚖️ You missed your hearing (an in absentia order). If the notice never reached you, or you were hospitalized or facing a serious emergency, that can support reopening your case.
⚖️ Your previous lawyer didn't represent you properly. This is called ineffective assistance of counsel, and yes, it's a valid ground.
⚖️ New evidence surfaced. Documents, proof, or facts that didn't exist or couldn't be presented before.
⚖️ Conditions in your home country changed. This comes up most in asylum cases, where conditions worsened there after the original decision.
⚖️ You now qualify for something you didn't before. For example, your child turned 21 and can now petition for you, or you married a U.S. citizen.
If any of these sound like your situation, it's worth talking it through with us.
Motion to Reopen vs. Motion to Reconsider: What's the Difference?
These two are easy to mix up, but they're not the same filing. A motion to reopen asks the court to consider new facts or evidence that weren't available before.
A motion to reconsider argues that the original decision got the law or the facts wrong, based on the same record, with no new evidence involved.
They also run on different clocks: a motion to reconsider generally has a shorter filing window than a motion to reopen. Knowing which one actually fits your situation matters, because you're typically limited to one of each per case.
How We Handle Your Case, Step by Step
We don't believe in generic templates or empty promises. Our process in Doral is transparent from start to finish:
Deep Case File Review
We request your immigration records (FOIA), read the prior decisions, and pinpoint exactly why the case didn't go your way the first time.
Clear Legal Strategy
We identify the strongest ground available, new evidence, a notice failure, a change in status, and so on.
Gathering
Evidence
We help you collect sworn statements, official documents, medical records, or proof from your home country.
Drafting the Legal Argument
We write a persuasive brief backed by the most current immigration case law
Filing With the Court or USCIS
We submit your motion on time to the Miami Immigration Court, the BIA, or the appropriate USCIS office.
Why Sanabria & Associates in Doral?
We're not a firm that "also covers" Doral from another state. We have a physical office in your community.
⚖️ Local Doral office: 9851 NW 58th St., Unit 103, Doral, FL 33178.
⚖️ Our whole team is fluent in Spanish, plus Portuguese, French, and English.
⚖️ Established in 2017, with additional offices in Kendall and Orlando.
⚖️ We also serve clients in Sweetwater, Hialeah, and Miami Lakes.
⚖️A human approach: we know that behind every motion is a family waiting, not just a file.
The Clock Is Running: Watch These Legal Deadlines
This is where many people lose their chance without realizing it.
⚖️ The general rule is 90 days from the date the final removal order was issued.
⚖️ If the ground is ineffective assistance of counsel, that deadline can sometimes be extended.
⚖️ In asylum or protection-from-removal cases, there's no time limit if the reopening is based on changed country conditions.
⚖️ If you missed your hearing because of an exceptional circumstance, you may also be able to ask for reopening outside the 90-day window.
⚖️ By law, you're generally limited to one motion to reopen per case, which is exactly why it needs to be prepared well the first time.
Don't let the clock run out before talking to someone who knows these deadlines.
Where Motions to Reopen Are Filed for Doral-Area Cases
Depending on where your case was originally heard, your motion may go to the Miami Immigration Court, the Krome Immigration Court (which handles filings connected to detained cases in South Florida), or the BIA.
Knowing which venue applies, and making sure the filing reaches the right one, is part of what keeps a motion from being rejected on a technicality rather than decided on the merits.
Tips from our President, Gunther Sanabria
Testimonials
Blog
Our Locations
Don't Leave Your Future to Chance, Let's Talk About Your Case Today
You don't need to understand every rule of immigration court. That's what we're here for.
What you do need is to take the first step: tell your case to someone who will listen in your language and tell you clearly whether you qualify to reopen it.
Sanabria & Associates 9851 NW 58th St. Unit 103, Doral, FL 33178 (305) 922-9995
DO YOU WANT BOOK A CONSULTATION?
Frequently Asked Questions
How much time do I have to file a motion to reopen?
Generally, 90 days from the final deportation order. There are exceptions for asylum cases, ineffective assistance of counsel, and orders issued in your absence.
How many motions to reopen can I file?
Usually just one per case, which is exactly why it needs to be prepared with strong evidence the first time.
Can I ask to reopen my case if I missed my hearing?
Yes, if you can show it was for a justified reason, such as not receiving the notice or a serious medical emergency.
Does reopening my case guarantee I won't be deported?
It doesn't guarantee the outcome, but it does give you the chance to have a judge hear your case again with new information.
Does filing a motion to reopen automatically stop my deportation?
Not necessarily. If the order was issued in absentia (for missing your hearing), simply filing the motion typically pauses deportation automatically while the judge decides. In other cases, you need to request a Stay of Removal along with the motion to prevent ICE from acting.
Can I reopen my case if I was already deported or left the country?
There used to be a very strict rule about this, but today it's possible to argue for reopening in certain situations, especially where there were serious due process violations or ineffective assistance from a previous lawyer.
What if my deportation order is many years old?
Options can still exist. If you never received the hearing notice at your correct address, or you qualify for a joint motion with the government's attorney, a case from 5, 10, or more years ago can potentially be reopened.
Can I work legally while my motion is being processed?
It depends on the status of your prior case and whether you had, or qualify for, work authorization tied to the underlying application, such as asylum or adjustment of status.