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Court Representation

Court Motions

Court motions are powerful procedural tools that can change the course of an immigration case — but they must be filed within strict deadlines and with solid legal arguments. Attorney Jesus Reyes uses them strategically on your behalf.

In the U.S. immigration court system, a well-grounded motion can reopen a closed case, correct a legal error, transfer your case to a more convenient court, or buy time to build your defense. These procedural instruments demand deep knowledge of court rules and precedents — and the deadlines leave no margin for error.

What Are Immigration Court Motions?

A motion is a formal request filed with the immigration court or the BIA asking the tribunal to take a specific action in your case. There are several main types, each with its own requirements, deadlines, and legal grounds. Choosing the right motion — and preparing it precisely — can be decisive for the outcome of your case.

A motion to reopen asks the court to reopen a case that was closed, generally because there is new evidence, changed circumstances, or because the applicant was not properly notified of hearings. The general deadline is 90 days from the final order, though exceptions exist. A motion to reconsider asks the tribunal to review its own decision because a legal or procedural error was made — the deadline for that is 30 days.

Other common motions include: motion to terminate proceedings (when the NTA was defective or jurisdiction is lacking), motion for change of venue (when the case needs to be transferred to another court), motion for continuance (to obtain more time), and motion for bond redetermination (to modify release conditions for a detained individual).

When Can You File a Motion?

A motion may be the right tool in the following situations:

  • You received an in-absentia deportation order because you were not properly notified of your hearing
  • Your immigration situation changed significantly after the judge's decision (e.g., a family member obtained citizenship)
  • You have new evidence that was not available during your original hearing and could change the outcome
  • The judge or court made a legal or procedural error that negatively affected your case
  • You need to transfer your case to an immigration court in another city because you moved or your attorney is in a different state
  • You are detained and your bond conditions need to be reviewed or modified

What Is the Process?

01

Case Analysis & Motion Selection

We review your complete file to determine which type of motion applies to your situation, whether we are within the required deadline, and what the strongest legal grounds are. We identify exceptions to deadlines where applicable.

02

Motion Preparation

We draft the motion with precise legal arguments supported by BIA and federal court precedents. We gather all supporting evidence: affidavits, new documents, country condition reports, or any other relevant material.

03

Filing with the Court or BIA

We file the motion with the appropriate tribunal — the immigration court if the case is active, or the BIA if the decision was appealed. We serve DHS as required by procedure and respond to any government opposition.

04

Follow-Up & Next Steps

We actively monitor the court's ruling on the motion. If granted, we prepare the strategy for the new hearing or next process. If denied, we evaluate judicial review options or alternative procedural remedies.

Frequently Asked Questions

What happens if I received a deportation order because I missed my hearing?+

An in-absentia order can be challenged through a motion to reopen. If you demonstrate that you did not receive proper notification of the hearing, or that exceptional circumstances beyond your control prevented attendance, the judge may reopen the case. The general deadline is 180 days for exceptional circumstances, but improper notice has no time limit. Act quickly.

Can I file a motion to reopen if I have already been deported?+

In some cases, yes — although it is more complex. If you were deported but have valid grounds (new evidence, change in law, defective notice), you may file a motion to reopen with the BIA even from abroad. An experienced attorney can evaluate whether this avenue is viable in your specific case.

What is the deadline for a motion to reconsider?+

A motion to reconsider before the immigration court or BIA must be filed within 30 days of the decision you wish to challenge. This deadline is strict. If you detect a legal error in a decision, contact us immediately.

Does filing a motion automatically stop my deportation?+

Not automatically. Filing a motion does not by itself suspend the execution of a deportation order. However, a stay of removal can be requested alongside the motion. The judge or BIA will decide whether to grant that stay while the motion is pending.

Can the government oppose my motion?+

Yes. DHS has the opportunity to respond to your motion and oppose it. This is precisely why every motion must be legally grounded and thoroughly documented — a weak motion can be easily denied. Attorney Jesus Reyes prepares each motion anticipating the government's arguments.

Related Services

Immigration Appeals

Motions and appeals are frequently used together as part of a comprehensive defense strategy.

Deportation Defense

Court motions are an essential part of the defense strategy in removal proceedings.

Change of Venue

If you need to transfer your case to another immigration court, a motion for change of venue is the path forward.

Your situation has a solution.

Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.

Schedule Consultation — $200

Or call: (888) 644-3683