Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

National Immigration Project Practice advisory Jun 24, 2022 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from National Immigration Project on Removal Defense; review the source material for the most current authority and procedure.

Topics

Removal defense Motions to reopen / reconsider Crimes and categorical approach

Workflows

Immigration court deadline Motions, stays, and pretermission Crim-imm screening

Forums

Cross-forum

Jurisdictions

National