Motions to Reopen
Non-citizens with final orders of removal may move in certain circumstances to have their removal proceedings reopened in order to have a new adjudication on their removability from the U.S. Filing a Motion to Reopen is extremely important for noncitizens with final removal orders who are being held in immigration detention, because they are especially vulnerable to immediate removal from the U.S. The materials on this page will assist pro bono attorneys with every stage of filing a motion to reopen before an immigration judge or the Board of Immigration Appeals.
Please note that filing via eCAS does not require a proposed order or certificate of service to the document – please consult with your mentor for more information.
Getting Started
There are a number of bases to file motions to reopen in immigration court proceedings. These materials will orient you and provide a framework for understanding all the bases for motions to reopen.
American Immigration Council This Practice Advisory walks through the legal and procedural requirements for Motions to Reopen, and includes practical advice on what to file, and where, when, and how to file. Note that if you are seeking to reopen an in absentia removal order, there is a separate Practice Advisory for those motions.
Specific Bases for MTRs
Once you have identified under which basis you will seek to reopen your client’s proceedings, these materials will provide you with targeted guidance.
American Immigration Council This Practice Advisory discusses how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen and provides an overview of the current law on the right to effective assistance, including the procedural and substantive requirements set forth in Matter of Lozada, 19 […]
American Immigration Council This Practice Advisory explains the legal and procedural requirements for filing motions to reopen in absentia removal orders.
Catholic Legal Immigration Network A practical, hands-on guide to putting together motions to reopen in absentia removal orders.
Immigration Justice Campaign This is where to start for attorneys working on motions to reopen in absentia removal orders for families targeted in raids, this is where to start. The webinar provides an overview of the applicable law, an explanation of the overall situation of clients with these orders, and an overview of the work […]
Drafting Motion to Reopen
This section contains sample motions to reopen in several different types of cases.
Sample MTR: In Absentia, Exceptional Circumstances
Immigration Justice Campaign
Immigration Justice Campaign
Immigration Justice Campaign
Immigration Justice Campaign
Immigration Justice Campaign