Chapter 14: Getting a Judge to Reopen or Reconsider Your Case

For a PDF of this chapter, see pages 31-32 of the PDF version of this guide.

Can I reopen my case after the Immigration Judge orders my removal?

Yes. You can ask the Immigration Court to reopen your case if you missed your hearing for the reasons explained above, or if your situation has changed and you have new evidence about your case. You can also ask to reopen your case if the Immigration Judge did not explain to you your rights or tell you that you had the defenses to deportation, listed on pages 14-23, if any of them apply to you. You can also reopen your case if the law has changed in a way that helps you. This process is complicated, and it is a good idea to have a lawyer help you.

If you missed your hearing, you need to file a motion to reopen with the Immigration Judge and request a stay of deportation. You must explain why you missed your hearing. For example, if you can prove that you never got notice of your hearing, the Immigration Judge will reopen your case. If you were in jail at the time of your Immigration Court hearing, the Immigration Judge will reopen your case. If there were exceptional circumstances for missing your hearing, the judge may reopen your case. You must act quickly. You can ask the PAIR Project (617-742-9296) for a guide to help you file a Motion to Reopen.