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
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