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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Topic: Motions to reopen / reconsider Clear Workflow: Immigration court deadline Clear

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National Immigration Project Template motion Dec 2, 2025

Fifteen Steps for Addressing Orders of Removal Issued by an Immigration Judge

Motions to reopen are extremely important for people with final removal orders. Final orders of removal render people vulnerable to detention and immediate removal from the United States. However, a successful motion to reopen places the person back in active removal proceedings before an immigration judge where they can pursue immigration relief, provides additional arguments for release from detention, and prevents their immediate removal. This practical resource provides fifteen concrete step

Removal defense Motions to reopen / reconsider Detention / bond Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 25, 2025

Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany

Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
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National Immigration Project Practice advisory Aug 18, 2023

Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

(Updated Dec. 27, 2023) This practice advisory, authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips for advocating for clients who were in MPP. The advisory also discusses the complexities around

Asylum Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
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National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen an in Absentia Removal Order and Dismiss or, in the alternative, a Joint Motion to Reopen

This template is intended for practitioners who represent a client who has been ordered removed in absentia and is requesting prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
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National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen based on Due Process Concerns

This template is intended for practitioners who represent a client who has been ordered removed following a hearing at which there were due process concerns and requests prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Motions to reopen / reconsider Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 27, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 24, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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American Immigration Council Practice advisory Feb 8, 2022

Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Feb 8, 2022

Practice Alert: Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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