Understanding Immigration Law

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Deportation Defense

Deportation Defense

Motions to Reopen and Reconsider

If your deportation case is denied by the immigration court you may still have legal options available. You could appeal the decision to an appellate court, however, in some cases a better option is to ask the court to reopen the proceedings or reconsider its decision. At Englett and Associates we will analyze the specifics of your case and help you determine which legal option is best for you.

A motion to reopen requires new facts or evidence that was not readily available at the time the denial was entered.
A motion to reconsider usually comes about if the court failed to properly consider all of the evidence or incorrectly applied the law in reaching its decision. Motions to reopen or reconsider must typically be filed within 90 days after your case is denied, and you are generally limited to only one motion to reopen and one motion to reconsider. There are certain exceptions to these rules, and at Englett and Associates we can determine if these may apply to your case.
Motions to reopen can also be used to raise a claim of ineffective assistance of counsel, in which an attorney or someone claiming to be an attorney, caused severe harm or prejudice to your case due to their incompetence or lack of experience.

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