Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany

Immigrant Legal Resource Center Practice advisory Jun 25, 2025 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Removal Defense; review the source material for the most current authority and procedure.

Topics

Removal defense Motions to reopen / reconsider

Workflows

Immigration court deadline Motions, stays, and pretermission

Forums

Cross-forum

Jurisdictions

National