Motions and Appeals

Motions and Appeals in Immigration Court

Your Second Chance Deserves a Smart Legal Strategy

Whenever an immigration court issues a decision that threatens your future, whether it’s a denial of asylum, a removal order, or a missed hearing, it doesn’t always mean your case is over. In many situations, you can fight back through a motion or appeal, and with the right legal team, you may be able to reverse the outcome.

At The Rochester Law Firm, we specialize in filing timely and persuasive motions to reopen, motions to reconsider, and appeals before the Board of Immigration Appeals (BIA). Our goal? To give your case the second look it deserves, and your future a real shot at staying on track.

Understanding Immigration Motions and Appeals

For a person who receives unfavorable rulings, immigration law offers a number of post-decision tools. This is how they operate:

Motion to Reopen: You request that the court review your case again due to new evidence or changed circumstances.
Motion to Reconsider: You ask the judge to re-evaluate a decision based on legal or factual errors.
BIA Appeal: You appeal the immigration judge’s decision to the Board of Immigration Appeals, the highest administrative body for immigration cases.

Petitions for Review: If the BIA denies your appeal, you may be able to take your case to federal court.

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Timing Matters and Deadlines Are Tight

Every motion or appeal comes with strict deadlines:

Motion to Reopen or Reconsider: It couldusually bey within 30 days of the court’s decision
BIA Appeal: Must be filed within 30 days of the judge’s order
Federal Appeal (Petition for Review): Typically due within 30 days of the BIA’s decision

You may lose your right to contest the decision if you happen to miss a filing window by even one day. That’s why it’s essential to act immediately and work with an immigration lawyer who knows how to manage this high-stakes process.

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When Should You File a Motion or Appeal?

You can qualify for a motion or appeal if:

You missed a hearing due to a medical emergency, miscommunication, or other justifiable reason
Your asylum case was denied, but you now have new evidence
The court made a legal error in evaluating your application
Conditions in your home country have changed since your hearing
You now qualify for relief you didn’t qualify for before (e.g., new asylum grounds, marriage to a US citizen, or a VAWA self-petition)

In order to suggest the appropriate course of action, we at The Rochester Law Firm thoroughly review your court record and present circumstances.

How We Help

Our firm handles every aspect of the post-decision process, including:

Reviewing your case file and prior court transcripts
Identifying legal errors or missed opportunities
Gathering new evidence or affidavits
Preparing legal briefs and supporting documents
Filing the motion or appeal with the appropriate court or agency
Representing you throughout the appeals process, including oral arguments if needed

Our priority is to give your case the strongest voice possible, backed by strategy, experience, and empathy.

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Frequently Asked Questions

1. Can I stay in the US while my appeal is pending?

Yes, in most cases, filing a timely appeal automatically puts a hold on deportation, called a "stay of removal", until a decision is made.

2. What’s the difference between a motion and an appeal?

A motion asks the same court to reconsider its decision; an appeal requests a higher authority (the BIA) to review the case.

3. Can I file a motion or appeal if I was ordered removed in absentia?

Yes. If you missed court for a valid reason (e.g., illness, not receiving the notice), you may file a motion to reopen.

4. How long does the appeal process take?

It varies. BIA appeals can take months to over a year. Federal court reviews may take even longer. That’s why strong legal arguments upfront are critical.

Don’t Go It Alone

Immigration appeals are not DIY-friendly. The law is complex, the procedures are unforgiving, and success often hinges on legal nuance. If your case has been denied, or if you’re worried the court made a mistake, now is the time to act, not later.

Even if you’ve worked with a different attorney or represented yourself in the past, we’ll evaluate your situation with fresh eyes and offer honest, actionable guidance.

Office

75 S Broadway, Suite 400, White Plains, NY 10601

Call

(914) 704‑0515

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