Dealing with a deportation order can be incredibly stressful—especially when new facts or changed circumstances might affect the outcome of your case. Thankfully, U.S. immigration law allows individuals to request a second review by filing a motion to reopen a deportation order, giving you the chance to present updated information or evidence. If you’re in San Jose and seeking a second chance to present your case, understanding how to file this motion is crucial.
In this guide, we’ll break down the steps, timelines, and key considerations involved in filing a motion to reopen a deportation order—and how working with a qualified immigration attorney can make a meaningful difference.
What Is a Motion to Reopen a Deportation Order?
This motion is not about arguing that the judge made a legal mistake—that’s what a “motion to reconsider” is for. Instead, a motion to reopen presents newly discovered or changed circumstances that were not available during the original proceedings.
Common reasons include:
- Discovery of new evidence
- Changes in immigration law
- Ineffective assistance of counsel
- Changed country conditions (especially for asylum seekers)
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Step-by-Step Guide: How to File a Motion to Reopen a Deportation Order in San Jose
1. Identify Which Court Issued the Deportation Order
Before filing anything, it’s important to determine whether your case was handled by an Immigration Judge (IJ) at the Executive Office for Immigration Review (EOIR) or the BIA. If your case was handled in San Jose, you’ll likely need to submit your motion to the EOIR immigration court serving the San Jose area. However, if your case is already on appeal, the motion might need to go to the BIA.
2. Understand the Deadline for Filing
The standard deadline to file a motion to reopen a deportation order is within 90 days of the final order of removal.
- Asylum based on changed country conditions
- Motions filed by the U.S. government (no time limit)
- Joint motions to reopen agreed upon by both the government and the respondent
- Claims of ineffective assistance of prior counsel
Missing the deadline could jeopardize your motion, so timely action is critical.
3. Gather Supporting Documentation
The success of your motion hinges on the evidence you provide. Relevant documentation might include:
- Affidavits detailing new facts
- Country condition reports (for asylum-related motions)
- Medical or psychological evaluations
- Proof of changed circumstances (marriage to a U.S. citizen, new hardship evidence, etc.)
- Proof of eligibility for new immigration benefits
If claiming ineffective assistance of counsel, you must also comply with the requirements outlined in Matter of Lozada, including notifying your previous attorney and submitting proof of that notification.
4. Prepare the Motion
Your motion to reopen a deportation order must be written clearly, citing relevant legal grounds and outlining the reasons you are requesting reconsideration. Be sure to:
- Include your full name, A-number, and contact details
- Specify the immigration court or BIA case number
- Attach all supporting documents and translations if necessary
- Sign and date the motion
At the Law Office of Lina Baroudi in San Jose, the team prepares detailed and persuasive motions that comply with procedural requirements and effectively highlight the key elements of each case.
5. Serve and File the Motion
Make sure to file your motion with the correct agency (EOIR or BIA) and serve a copy to the Department of Homeland Security (DHS). Proof of service is mandatory—your motion may be rejected without it.
Keep multiple copies of all submitted materials and obtain confirmation that your motion was received.
Special Considerations for San Jose Residents
Immigration courts in California, including those near San Jose, are among the busiest in the nation.
Additionally, California residents may benefit from state policies or legal precedents related to immigration enforcement and access to public benefits. If you’ve lived in the U.S. for a long time, have U.S. citizen family members, or were ordered deported in absentia, those facts may support your motion to reopen a deportation order.
What Happens After Filing the Motion?
Once filed, you must wait for the judge or the BIA to review your case. Possible outcomes include:
- Motion granted: Your removal order is reopened, and your case is back before the court.
- Motion denied: The order of removal remains in place. You may be able to appeal.
- Request for more information: The court may ask for clarification or additional evidence.
There is no fixed timeline for a decision, but it often takes several weeks to months. During this period, it’s important to remain compliant with any existing removal orders and keep your address updated with the court and USCIS.
Why Legal Help Matters
Filing a motion to reopen a deportation order is legally complex and requires a strong understanding of immigration law, deadlines, and local court procedures. Many motions are denied due to simple errors, incomplete information, or failure to meet technical requirements.
At the Law Office of Lina Baroudi, we work closely with individuals and families in San Jose to help reopen deportation cases with compelling legal arguments and well-prepared evidence. Every motion is handled with care, confidentiality, and commitment to your future in the United States.
Final Thoughts
If you believe you have valid grounds to file a motion to reopen a deportation order, don’t wait. Deadlines can pass quickly, and your ability to remain in the U.S. may depend on timely action. Whether your case involves new asylum eligibility, ineffective counsel, or changed circumstances, filing the correct motion in the correct way is essential.
Reach out to the Law Office of Lina Baroudi today for support, clarity, and representation you can trust in San Jose’s complex immigration system. You deserve a fair chance to be heard—and their team is here to help make that happen.
