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Immigration Appeals and Motions

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Motion to Reopen

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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.

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Motion to Reconsider

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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.

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Appeal to the Board of Immigration Appeals (BIA)

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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.

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Consular Processing Appeals

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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.

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Motion for a Stay of Removal

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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.

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Civil Motion to Terminate

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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.

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Interlocutory Appeal

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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.

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Habeas Corpus Petition

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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.

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Administrative Closure

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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.

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Judicial Review Petition

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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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