Florida Motion to Reopen Removal Case Lawyer

A removal order does not always mean the end of your immigration journey. If you or a loved one has been ordered removed from the United States, a motion to reopen may offer a critical second chance to present your case. At our Miami law firm, we help immigrants throughout South Florida challenge removal orders, reopen closed immigration cases, and pursue the relief they deserve. Whether your case was decided in your absence, your prior attorney failed you, or new evidence has emerged that changes everything, our experienced immigration attorneys are prepared to fight for your future.

Miami is home to one of the busiest immigration courts in the country, and thousands of removal orders are issued here every year. Many of those orders are entered against individuals who never had a fair opportunity to present their case. A properly prepared motion to reopen can restore that opportunity — but the process is complex, deadline-driven, and unforgiving of mistakes. Working with a knowledgeable Miami motion to reopen lawyer can make the difference between deportation and a renewed path to lawful status.

What Is a Motion to Reopen a Removal Case?

A motion to reopen is a formal request asking an immigration judge or the Board of Immigration Appeals (BIA) to reopen a case that has already been decided. Unlike an appeal, which argues that the judge made a legal error based on the existing record, a motion to reopen asks the court to consider new facts or evidence that were not available at the time of the original hearing.

If the motion is granted, the removal order is vacated and the case is placed back on the court's calendar. This gives you the opportunity to present new evidence, apply for relief you may now be eligible for, and be heard before an immigration judge — often for the first time in a meaningful way.

The legal authority for motions to reopen comes from Section 240(c)(7) of the Immigration and Nationality Act and the accompanying federal regulations. These provisions set strict requirements regarding timing, content, and supporting evidence, which is why professional legal guidance is so important.

Common Grounds for Filing a Motion to Reopen in Miami

Every case is different, but motions to reopen are most often based on one or more of the following grounds:

1. In Absentia Removal Orders

One of the most common scenarios we see at the Miami Immigration Court involves individuals ordered removed in absentia — meaning the judge issued a removal order because the person did not appear at their hearing. In many cases, the individual never actually received proper notice of the hearing, moved and never got the mailed notice, or missed court due to circumstances beyond their control.

A motion to reopen an in absentia order may be granted if you can show:

• Lack of proper notice: You did not receive the Notice to Appear or the hearing notice as required by law. A motion based on lack of notice can be filed at any time — there is no deadline.
• Exceptional circumstances: You missed the hearing due to serious circumstances such as a medical emergency, the serious illness or death of an immediate family member, or other extraordinary events. This type of motion must generally be filed within 180 days of the removal order.

2. New Evidence That Was Previously Unavailable

If material evidence has come to light that was not available and could not have been discovered or presented at your original hearing, a motion to reopen may allow the court to consider it. This might include new witness testimony, newly issued documents, updated medical records, or developments in your personal circumstances that affect your eligibility for relief.

3. Changed Country Conditions

For individuals seeking asylum, withholding of removal, or protection under the Convention Against Torture, worsening conditions in the home country can serve as the basis for a motion to reopen. Importantly, motions based on changed country conditions are exempt from the standard filing deadline and numerical limits. Given Miami's large communities from countries experiencing political upheaval, violence, and instability, this is one of the most frequently used grounds in our region.

4. Ineffective Assistance of Counsel

If your previous attorney — or a notario or unlicensed "consultant" — mishandled your case, you may be able to reopen your removal proceedings based on ineffective assistance of counsel. Common examples include failing to file applications on time, failing to inform you of hearing dates, giving incorrect legal advice, or failing to present available evidence. These motions require compliance with specific procedural requirements, including notifying the prior attorney of the allegations and, in appropriate cases, filing a complaint with the relevant disciplinary authority.

5. New Eligibility for Immigration Relief

Life circumstances change. You may now be eligible for relief that was unavailable at the time of your original hearing, such as:

• Adjustment of status based on marriage to a U.S. citizen or an approved family petition
• Eligibility under a new law, policy, or precedent decision
• Approval of a visa petition that was pending during your proceedings
• Protections available to victims of crime or abuse, such as U visa or VAWA-based relief

6. Joint Motions and Prosecutorial Discretion

In some cases, our attorneys can negotiate with the Office of the Principal Legal Advisor — the government attorneys who prosecute removal cases in Miami — to file a joint motion to reopen. When the government agrees to join the motion, the standard deadlines and numerical limits do not apply, and the motion is far more likely to be granted. Persuading the government to join a motion requires a compelling, well-documented presentation of the equities in your case.

Deadlines: Why Time Is Critical

Motions to reopen are governed by strict time limits, and missing a deadline can permanently close the door on your case. Key deadlines include:

In addition to time limits, most individuals are limited to one motion to reopen, though exceptions exist. Because the deadline analysis can be complicated — and because exceptions like equitable tolling may apply in cases involving ineffective assistance of counsel — you should consult a Miami immigration attorney as soon as possible after learning of a removal order.

Does Filing a Motion to Reopen Stop Deportation?

This is one of the most important questions our clients ask, and the answer requires careful attention. Filing a motion to reopen does not automatically stop your removal in most circumstances. However:

• A timely motion to reopen an in absentia removal order generally triggers an automatic stay of removal while the motion is pending before the immigration judge.
• For other motions, our attorneys can file a separate request for a stay of removal with the immigration court, the BIA, or Immigration and Customs Enforcement, asking that deportation be paused while the motion is decided.

If you or a family member is detained at a facility in the Miami area or is facing imminent removal, contact our office immediately. Emergency motions and stay requests must be prepared quickly and precisely, and every hour matters.

The Motion to Reopen Process: What to Expect

While every case follows its own path, the process generally unfolds in these stages:

1. Comprehensive case review. We obtain your complete immigration court record, review the removal order, analyze prior filings, and identify every possible ground for reopening. This often involves filing requests for your immigration file and court recordings.
2. Evidence gathering. We collect the new evidence that supports your motion — affidavits, country conditions reports, expert opinions, medical records, approved petitions, proof of family ties, and more. A motion to reopen is only as strong as the evidence attached to it.
3. Preparation of the motion and applications. Federal regulations generally require that a motion to reopen be accompanied by the application for relief you intend to pursue, along with all supporting documents. We draft a persuasive legal brief explaining why reopening is warranted under the law.
4. Filing with the correct tribunal. The motion must be filed with the body that last had jurisdiction over your case — either the immigration court in Miami or the Board of Immigration Appeals. Filing in the wrong place can result in denial or dangerous delay.
5. Stay of removal, if needed. Where removal is imminent, we simultaneously pursue a stay to protect you while the motion is pending.
6. Decision and next steps. If the motion is granted, your case returns to the court's docket and we prepare aggressively for your reopened hearings. If it is denied, we evaluate options for appeal or further review in the federal courts.

Motions to Reopen at the Miami Immigration Court

The Miami Immigration Court handles an enormous volume of removal cases, reflecting South Florida's role as a gateway for immigrants from around the world. Practicing regularly before this court gives our attorneys valuable insight into how local judges evaluate motions to reopen, what documentation they expect, and how the government attorneys assigned to Miami cases approach requests for joint motions and prosecutorial discretion.

Our firm also assists clients whose cases were decided while they were detained at facilities in the region, as well as individuals who have since relocated within Florida but whose removal orders were issued years ago. Many of our clients discover an old removal order only when applying for a benefit, renewing a work permit, or after an encounter with immigration authorities. If that describes your situation, do not wait — the sooner we review your record, the more options you are likely to have.

Motion to Reopen vs. Motion to Reconsider vs. Appeal

Clients often confuse these three remedies, but they serve very different purposes:

• Motion to reopen: Based on new facts or evidence not previously available. Generally must be filed within 90 days, subject to exceptions.
• Motion to reconsider: Argues that the judge or the BIA made an error of law or fact based on the existing record. Must generally be filed within 30 days.
• Appeal: Asks a higher tribunal — typically the BIA — to review the judge's decision. Must generally be filed within 30 days of the decision.

Choosing the right remedy, or combining remedies strategically, is a critical decision that should be made with the guidance of an experienced removal defense attorney.

Why Choose Our Miami Firm for Your Motion to Reopen

• Focused removal defense experience: Motions to reopen demand detailed knowledge of immigration statutes, regulations, and precedent decisions. Our attorneys handle these motions regularly and understand what it takes to succeed.
• Local insight: We appear before the Miami Immigration Court and know the practices and expectations of the judges and government attorneys who will decide and respond to your motion.
• Multilingual, culturally aware representation: Our team serves Miami's diverse communities and communicates with clients in the language they are most comfortable using.
• Emergency responsiveness: When deportation is imminent, we move fast — preparing emergency motions and stay requests on short timelines.
• Honest case assessments: We will tell you candidly whether a motion to reopen is viable and, if it is not, what alternative options may exist.

Frequently Asked Questions

How long does a motion to reopen take?

Processing times vary widely depending on whether the motion is filed with the immigration court or the BIA, the complexity of the issues, and whether the government opposes the motion. Some motions are decided within a few months; others take longer. If removal is imminent, a stay request can protect you while the motion is pending.

Can I file a motion to reopen if I was already deported?

In certain circumstances, yes. The law surrounding motions filed after departure is complex and has evolved significantly, but reopening from abroad is possible in some cases — particularly where the removal order was entered without proper notice or where changed country conditions support new protection claims. Consult our attorneys for an individualized assessment.

What happens if my motion to reopen is granted?

The removal order is vacated and your case returns to the immigration court's active docket. You will then have the opportunity to pursue the relief identified in your motion — such as asylum, adjustment of status, or cancellation of removal — at a full hearing.

What if my motion is denied?

A denial by an immigration judge can generally be appealed to the BIA, and a denial by the BIA may be reviewable in the federal courts. Deadlines for these steps are short, so act quickly.

How much does a motion to reopen cost?

Costs depend on the complexity of your case, the grounds for the motion, and whether emergency stay relief is needed. During your consultation, we will explain our fees clearly so you can make an informed decision.

Speak With a Miami Motion to Reopen Lawyer Today

A removal order can feel final, but for many immigrants in Miami, it does not have to be. New evidence, changed circumstances, defective notice, or the failures of a prior representative may give you a genuine second chance — but only if you act within the strict deadlines the law imposes.

Our Florida motion to reopen attorneys are ready to review your immigration court record, identify every available ground for reopening, and build the strongest possible case for you and your family. If you or a loved one has been ordered removed, contact our Miami office today to schedule a confidential consultation. Your future in the United States may depend on the steps you take right now.

You can contact us by phone at 786-522-1411 or by email at [email protected].