A motion to reopen is a request for review of a legal decision made in error, commonly used in immigration law. It asks the original source to review the information again, with documentary evidence provided. It can be filed within 30 days of the decision and usually takes less than three months. It’s an option available in the legal toolbox and doesn’t prevent an appeal from being filed later.
A motion to reopen is a step that can be taken to request review of a legal decision that an attorney believes was reached in error. These motions most commonly arise in the context of immigration law, where attorneys can file such motions to ask that a denial be reviewed. There are a number of reasons why an attorney might choose to file such a motion instead of an appeal.
In a motion to reopen, the original source of the decision is asked to review the information again. During the review and review process, hopefully the decision will be reversed. The motion must explain why such a review is needed and provide documentary evidence that will aid the review process. Simply stating that the decision looks wrong, for example, doesn’t provide enough information.
One reason to file a motion to reopen is a belief that the law or policy has been applied or interpreted incorrectly in the case at hand. For example, if a guest worker is denied a visa on the grounds that the guest worker would not provide a specialized service, the motion could argue that in fact the worker should be given a visa because the service is unique or specialized. The attorney may also argue that the facts provided at the time of the decision were not sufficient to arrive at a disclaimer and provide more facts that can be evaluated to decide whether or not the disclaimer should be overturned.
This appeal alternative initiates a review process at the level where the original decision was made, unlike an appeal, where a higher authority is brought in to review the situation. The application must generally be filed in a timely manner, such as within 30 days of the contested decision, and the person usually has a short time to comply. This can take the review turnaround time to less than three months, unlike appeals, which can drag on much longer.
The filing of an application for reopening does not necessarily mean that an appeal cannot be filed later. It’s simply an option available in the legal toolbox for fighting a decision that doesn’t favor the client. The methods of presentation vary according to the nature of the situation. The attorneys are familiar with the process so they can quickly spring into action should a motion be needed.
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