Can You Reverse a Deportation Order? Here’s What a Motion to Reopen Can Do

Receiving a removal (deportation) order can feel like the end of the road for many people fighting to remain in the United States. But what happens when evidence emerges after your case has ended? Is there a way to present this new information to the immigration court?

The answer is yes – through a motion to reopen deportation order.

At the Law Office of Lina Baroudi, we help clients successfully reopen their cases when new evidence becomes available. But this process is complicated, time-sensitive, and filled with technical requirements that can easily derail your chances if handled incorrectly.

What is a Motion to Reopen Deportation Order?

A motion to reopen asks the Immigration Court to reconsider a case that has already been decided because new facts or evidence have emerged that could change the outcome.

This legal tool provides a critical second chance for those facing removal when circumstances change or new information comes to light.

Unlike an appeal, which argues that the immigration judge made a legal error based on the evidence already presented, a motion to reopen introduces new evidence that wasn’t available during your original proceedings.

When Can You File a Motion to Reopen?

The broken U.S. immigration system imposes strict limitations on motions to reopen. Understanding these requirements is essential:

1. New, Material Evidence

The cornerstone of any motion to reopen deportation order is new evidence that:

• Was not available and could not have been discovered or presented at your previous hearing
• Is material to your case (meaning it could potentially change the outcome)
• Is supported by affidavits or other documentary evidence

Examples of potentially qualifying new evidence include:

• Country conditions that have significantly deteriorated since your last hearing
• New medical diagnoses that affect your eligibility for relief
• Recently discovered evidence of persecution that supports an asylum claim
• New evidence of extreme hardship to qualifying U.S. citizen or permanent resident family members

2. Time Limitations

Typically, you must file a motion to reopen within 90 days of the immigration judge’s final order of removal. This deadline is strictly enforced, with limited exceptions.

3. Number Limitations

In most cases, you are permitted only one motion to reopen. This makes it critical to prepare your motion correctly the first time.

Exceptions to Time and Number Limitations

The immigration system does recognize certain exceptions to these strict rules:

1. Changed Country Conditions

There is no time or number limit for motions to reopen based on changed country conditions if you’re seeking asylum, withholding of removal, or protection under the Convention Against Torture. You must show conditions in your home country have materially changed since your hearing in ways that affect your eligibility for protection.

2. In Absentia Orders

If you were ordered removed in your absence (in absentia), different rules apply:

• If you can prove you didn’t receive proper notice of your hearing, you may file a motion to reopen at any time.
• If you can demonstrate that your failure to appear was due to exceptional circumstances beyond your control, you must file within 180 days of the removal order.

3. Joint Motions

Motions that are jointly filed with the Department of Homeland Security (DHS) are not subject to time or number limitations. In some cases, convincing DHS to join your motion can be a strategic approach.

4. Special Cases for Victims of Domestic Violence

Special rules exist for certain motions filed by victims of domestic violence, child abuse, or parental abuse committed by a spouse or parent who is a U.S. citizen or lawful permanent resident.

What to Include in a Motion to Reopen Deportation Order

A successful motion to reopen must include:

• A clear explanation of the new evidence: Detail why this evidence is new, wasn’t available previously, and how it’s material to your case.
• Supporting documentation: Include affidavits, declarations, official records, country condition reports, medical records, or other evidence that supports your claims.
• The appropriate application for relief: If you’re seeking relief that requires an application (such as asylum), you must include the completed application with all supporting documents.
• Legal arguments: Explain how the new evidence qualifies you for immigration relief and why the court should reopen your case.
• Filing fee or fee waiver request: Currently, the filing fee for a motion to reopen is $110, but you may qualify for a fee waiver if you cannot afford to pay.

Common Reasons Motions to Reopen Are Denied

Many motions to reopen deportation orders are denied due to preventable errors:

• Missing the filing deadline: Failing to file within 90 days without qualifying for an exception
• Insufficient evidence: Submitting evidence that isn’t truly “new” or that wouldn’t materially affect the case outcome
• Procedural errors: Not following exact filing requirements or improperly formatting documents
• Incomplete applications: Failing to include required forms or supporting documents
• Weak legal arguments: Not clearly connecting the new evidence to eligibility for relief

Strategic Considerations for Filing a Motion to Reopen

Automatic Stays

Filing a motion to reopen does not automatically stay (pause) your removal. This means you could potentially be removed while your motion is pending. In certain circumstances, you may need to file a separate motion for a stay of removal.

Alternatives to Consider

Depending on your circumstances, you may have other options:

• Motion to reconsider: If you believe the immigration judge made a legal error in your case
• Appeal to the Board of Immigration Appeals: If you’re still within the appeal period
• Request for prosecutorial discretion: Asking DHS to agree not to execute the removal order

Timing Is Critical

If you believe you have grounds to reopen your case, don’t delay. Consult with an experienced immigration attorney immediately to evaluate your options and meet critical deadlines.

How the Law Office of Lina Baroudi Can Help

At our office, we understand the complex, ever-changing landscape of immigration law. When handling motions to reopen deportation orders, we:

• Thoroughly evaluate your case to identify viable grounds for reopening
• Conduct extensive research on country conditions and other relevant factors
• Gather and organize compelling evidence that meets the “new and material” standard
• Draft persuasive legal arguments connecting your new evidence to relief eligibility
• Ensure all documents are properly prepared and timely filed
• Advocate aggressively on your behalf throughout the process

If you believe you have new evidence that could change the outcome of your deportation case, don’t wait until it’s too late. The 90-day deadline passes quickly, and preparing a comprehensive motion to reopen takes time.

The U.S. immigration system doesn’t make it easy to reopen cases, but with strong new evidence and proper legal representation, it is possible to overcome a removal order and secure the right to remain in the United States.

Contact the Law Office of Lina Baroudi today to discuss whether a motion to reopen is appropriate in your case and how we can help you navigate this challenging process. Your future in the United States may depend on acting quickly and strategically with the right legal guidance.