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The Basics of Motions to Reopen EOIR-Issued Removal Orders

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This practice advisory provides a basic overview of motions to reopen removal orders issued by the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals (BIA), located in Falls Church, Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen.

Author(s): Trina Realmuto, Kristin Macleod-Ball
Publisher: American Immigration Council
Year: 2018

Language: English
Pages: 10
City: Washington, D.C.
Tags: law, immigration, immigration law, motions to reopen, eoir, removal order, deportation, practice advisory, legal

What is a motion to reopen?
What are some grounds for filing a motion to reopen under the general reopening statute?
What are the deadlines for filing motions to reopen?
Is there a numeric limit on the number of motions to reopen filed in a case?
What happens if there is more than one basis for the motion?
Where is a motion to reopen filed and what should it include?
How long does DHS have to respond to a motion to reopen?
Can the IJ or BIA deny statutory motions to reopen in the exercise of discretion?
Will filing a motion to reopen automatically stay deportation?
What is the review standard for a motion to stay removal?
What happens if the IJ or the BIA denies a stay motion but the motion to reopen remains pending?
If the immigration judge or BIA denies the motion to reopen, can a federal court review that decision?
Does filing a petition for review of the denial of a motion to reopen automatically stay deportation?