Can You Reopen a Closed Removal Case After a Deportation Order?

A deportation order can feel like the final word on your life in the United States. For many people, however, it does not have to be. Immigration law offers a limited chance to ask the court to reconsider, and it comes with strict rules and short deadlines. When you need to reopen a closed removal case, you should know:

• What a motion to reopen is
• What grounds may support reopening
• What deadlines apply
• When changed circumstances help

Ahlgren Law has represented immigrants and families in deportation and removal proceedings since 1973. We can help you learn whether your closed case qualifies for a second look.

What Is a Motion to Reopen in Immigration Court?

A motion to reopen is a written request asking the immigration judge, or the Board of Immigration Appeals if your case ended there, to restart a finished case so new facts or evidence can be considered. An appeal is different; it asks the Board to review the judge’s decision itself.

A motion to reopen generally must:

• Describe the new facts you would prove at a new hearing
• Include affidavits or other supporting evidence
• Attach a completed application if you are asking for a specific form of relief

An immigration attorney can help you understand these requirements and guide you through the process.

What Grounds May Support Reopening a Removal Case?

A judge will not reopen a case simply because you disagree with the outcome. Your motion needs a specific legal reason, such as something that has changed or was missing the first time, and it must back that reason with proof.

Common grounds include:

• Important evidence that did not exist or could not have been accessed or known about before your hearing
• New eligibility for relief, such as an approved family petition leading to a green card
• A missed hearing caused by something beyond your control, such as a serious illness or the death of a parent, spouse, or child
• A hearing notice that never reached you
• A criminal conviction that a court has actually vacated or changed

Judges generally will not reopen a case for relief you already had a fair chance to request. A trusted attorney can help you understand all possible relief options in removal proceedings.

What Deadlines and Filing Limits Can Apply to a Motion to Reopen?

Even a strong reason to reopen a case can fail if the motion arrives too late. The deadline that applies depends on why your case closed and what you are asking the judge to do, so it helps to know which rule fits your situation before you file.

The main deadlines and filing limits are:

• 90 days from the final order for most motions
• One motion per person, in most situations
• 180 days to address an order issued after a missed hearing due to exceptional circumstances
• No deadline when you did not receive proper notice or were in federal or state custody 
• No time or number limit for protection requests based on changed country conditions

A motion to reopen does not extend the separate deadline to file an immigration appeal. Most motions also do not pause removal, so a separate stay request is often needed.

When Can Changed Circumstances or Newly Available Evidence Affect Whether a Case Can Be Reopened?

Changed country conditions can reopen the door long after 90 days. If, for example, a new government has begun targeting a group you belong to, you may be able to seek asylum, withholding of removal, or protection under the Convention Against Torture.

To use this exception, you generally must show:

• The change happened in your home country or the country of removal
• The evidence is important to your claim and was not available at your earlier hearing

Current reports and sworn statements can support the motion. In addition, certain newly available evidence, such as a dismissed criminal case, may sometimes be a reason to reopen a removal case. It’s important to speak to an attorney to determine how to move forward. 

Reach Out to Ahlgren Law to See if You Can Reopen Your Removal Case

A removal order does not always end your case. Your options depend on why the order was issued and what has changed since. If you want to know whether reopening your case is possible for you, contact Ahlgren Law to schedule a consultation. Our attorneys can review your court records and explain your options in English or Spanish.