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Immigration Appeals and Motions
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Motion to Reopen
Purpose: To have a concluded case reexamined due to new evidence or changed circumstances. Procedural Requirements: Must be filed within a certain time limit, generally within 90 days of the decision, and must state new facts to be provided in the reopened proceedings.
Motion to Reconsider
Purpose: To request the original decision-maker to reevaluate the decision based on alleged errors of law or policy. Procedural Requirements: Must be filed within 30 days of the decision of the immigration judge, and must specify the errors in the decision of the previous ruling.
Appeal to the Board of Immigration Appeals (BIA)
Purpose: To contest a decision made by an immigration judge or USCIS. Procedural Requirements: Must be filed within 30 days of the decision; must include the reason for the appeal and adhere to strict filing guidelines.
Consular Processing Appeals
Purpose: To challenge a visa denial by a U.S. consulate. Procedural Requirements: Time limits for appeals vary by the consulate; must follow the specific procedures of the consulate or embassy that denied the visa.
Motion for a Stay of Removal
Purpose: To temporarily prevent the execution of a removal order. Procedural Requirements: Must be filed with the court or authority that issued the removal order, often alongside another form of relief such as an appeal or motion to reopen/reconsider.
Civil Motion to Terminate
Purpose: To dismiss the immigration court proceedings against an individual. Procedural Requirements: Must demonstrate that continuing the proceedings would be improper, usually based on the resolution of a related matter or a change in circumstances.
Interlocutory Appeal
Purpose: To appeal a non-final decision or order issued by an immigration judge. Procedural Requirements: Must be allowed by the BIA, and the appeal should articulate why immediate review is necessary prior to the final decision.
Habeas Corpus Petition
Purpose: To challenge the legality of detention. Procedural Requirements: Filed in federal district court, the petition must show the detention to be in violation of constitutional rights, laws, or treaties.
Administrative Closure
Purpose: To remove a case from an immigration judge's active calendar without a final decision. Procedural Requirements: Used discretionarily by the immigration judge or by joint motion of the parties, usually to await an action by another agency.
Judicial Review Petition
Purpose: To seek review of a final removal order by a federal court of appeals. Procedural Requirements: Must generally be filed within 30 days of the final removal order, and the petition must outline the grounds for review.
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