If a federal immigration judge in Minnesota ordered you removed, a motion to reopen lets you ask the court to consider circumstances your hearing did not address. Understanding how reopening works may help you assess whether your circumstances warrant a second look.
Grounds and evidence for reopening
Your motion must state the new facts you would prove at another hearing and include affidavits or other supporting documents. Situations that may justify your request include:
- Previously unavailable records or witness testimony that would likely change the outcome
- Changed conditions in your home country that increase your risk of persecution
- A marriage to a U.S. citizen that gives you a basis to seek lawful permanent residence
If the judge grants your motion, your removal proceedings resume so you can pursue asylum, a green card or other available relief. At that point, the court must still determine whether you qualify.
Limits on motions to reopen
Generally, you may file only one motion to reopen and must do so within 90 days after the final decision in your proceedings. Different rules apply in these situations:
- Motions seeking asylum, withholding of removal or protection from torture based on changed country conditions are exempt from both limits. The evidence must matter to your case and could not have been discovered or presented during your earlier proceedings.
- Motions challenging an order entered after you missed a hearing must be filed within 180 days of that order if exceptional circumstances kept you away. If you did not receive required notice, you may file at any time.
If no exception applies, a judge may deny a late or repeat motion before considering your evidence. A strong claim alone does not set aside the filing limits.
Requirements for a complete motion
If your case ended with a decision from the Board of Immigration Appeals, you generally file your motion there rather than with the immigration judge. That ruling starts the usual 90-day period.
Your submission needs a cover page identifying the motion, proof of service and any required fee or fee waiver request. The board recommends Form EOIR-33/BIA even if your address has not changed. If you seek relief such as asylum, you must also attach a completed copy of the application and its supporting documents.