Motion to Reopen Case Sample 2005-2025 Form
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People also ask
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What happens if my motion to reopen is denied?
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
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What is a motion in bankruptcy?
A motion is a request to the Bankruptcy Judge, to issue an Order that directs doing something, or that prohibits doing something.
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What is motion to reopen or reconsider?
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.
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How many times can you file a motion to reopen?
(d) Number Limits — A party is permitted only one motion to reopen. 8 C.F.R. § 1003.23(b)(1) . There are few exceptions.
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Is there a number limit for motion to reopen?
There are few exceptions. See subsection (e), below. Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. (d) Number Limits — A party is permitted only one motion to reopen.
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What is the basis for motion to reopen?
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.
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Can you file more than one motion at a time?
There's nothing improper about filing two separate motions at the same time, and in fact it is not uncommon for this to be done. Typically the court will schedule both hearings on the same day and hear the motions back-to-back.
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How to write a motion to reopen a case?
A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material.” 8 U.S.C. § 1229a(c)(7)(B). It must be accompanied by the application for relief and all supporting documents.
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