Understanding Motions in Immigration Court

Legal Options for Reviewing, Reopening, or Reconsidering Your Immigration Case

When facing deportation or other unfavorable immigration court decisions, filing a motion can be crucial. A motion in immigration court is a formal request asking the Immigration Judge or Board of Immigration Appeals (BIA) to review, reconsider, or reopen a previous decision in your immigration case.

At Benach Pitney Reilly Immigration, we assist individuals in filing effective motions to protect their right to remain in the U.S.

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What is a Motion in Immigration Court?

A motion is a formal written request to the immigration court or BIA asking for a reconsideration, reopening, or review of a previous decision due to errors, new evidence, or changed circumstances. Motions can also request things like earlier or later hearing dates, additional time to submit evidence, or permission to appear remotely or in person. However, this page focuses on motions related to changing the outcome of a case.

Common Types of Motions

Motion to Reopen

  • Filed when significant new facts or evidence come to light after a decision.
  • Typically must be filed within 90 days of the final decision, unless special circumstances apply.

 

Motion to Reconsider

  • Filed if there was a legal or factual error in the original decision.
  • Generally, must be filed within 30 days after the original decision.

 

Motion to Remand

  • Requests the BIA to send the case back to the Immigration Judge for further consideration, often due to new evidence or procedural errors.

 

Motion for Stay of Deportation

  • An urgent request to temporarily stop deportation while another motion or appeal is pending.
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When Can Motions Be Filed?

You can file a motion when:

  • You receive an unfavorable decision (deportation order, denial of asylum, etc.).
  • New, previously unavailable evidence is discovered.
  • You identify significant errors in the previous immigration court decision.
  • Your circumstances have changed significantly since the original decision.

Timing matters! Failing to meet filing deadlines can result in losing your right to file.

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The Process of Filing a Motion

Step 1: Preparing Your Motion

  • Clearly state the type of motion you are filing.
  • Include detailed reasons why the motion should be granted.
  • Support claims with evidence and relevant legal arguments.

 

Step 2: Supporting Documentation

  • Gather critical evidence (affidavits, expert statements, new documentation).
  • Clearly organize all evidence for ease of review.

 

Step 3: Filing Your Motion

  • File your completed motion with the Immigration Court or BIA.
  • Pay required filing fees (if applicable).
  • Serve copies on government attorneys.

 

Step 4: Court Review and Decision

  • An Immigration Judge or the BIA reviews your motion.
  • A decision will be issued either granting or denying your request.
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Important Considerations for Successful Motions

  • Strong evidence: Clearly demonstrate new evidence or errors.
  • Legal accuracy: Motions must meet specific legal standards.
  • Timeliness: Meet all filing deadlines and procedural rules strictly.

Potential Outcomes of Filing a Motion

If Approved:

Your case may be reopened or reconsidered, leading to:

  • A new immigration hearing.
  • Possible reversal of an unfavorable decision.


If Denied:

  • You may have the option to file an appeal or explore other immigration relief.
  • It’s essential to seek immediate legal guidance on the next steps.

How can Benach Pitney Reilly Immigration Help?

Our experienced immigration attorneys provide:

  • Case assessments to identify the best type of motion for your situation.
  • Detailed preparation of motions, ensuring accurate legal arguments and robust supporting evidence.
  • Aggressive advocacy at immigration hearings or before the Board of Immigration Appeals (BIA).
  • Emergency assistance for urgent motions, such as stays of deportation or detention-related filings.

Our attorneys fight tirelessly to correct immigration court errors, reopen cases, and secure fair outcomes for our clients.

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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in finding immigration solutions for those facing deportation.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.