4.7 - Motions to Reopen
motions to reopen · deadlines · new evidence · joint motions
Source reviewed 2026-09-30An old order is not one single kind of problem
Old Deportation Order: Can the Immigration Case Be Reopened?
A guide to motions to reopen, in absentia orders, notice problems, new evidence, changed conditions, joint motions, stays, and why the first step is to reconstruct the old court record.
Direct answer
Can an old removal order ever be reopened?
Sometimes. Ordinary motions to reopen generally face time and number limits, but different rules can apply to in absentia orders, lack of notice, certain changed-country-condition claims, joint motions, and other recognized exceptions. The correct filing depends on who issued the order and the procedural history.
On this page
First identify who issued the final decision
An Immigration Judge order and a Board decision can require different filing locations and procedures. Do not file before reconstructing the docket.
Missed hearing cases have their own rules
EOIR recognizes different reopening grounds for exceptional circumstances, lack of proper notice, or custody that prevented appearance. The timing rules are not the same.
Ordinary reopening focuses on new, material evidence
A motion generally must identify facts or evidence that are material and were not previously available or discoverable.
A motion does not always stop removal
Some in absentia reopening filings carry an automatic stay while the Immigration Judge decides the motion. Many other motions do not. Stay analysis is separate and urgent.
Questions people actually ask
Frequently asked questions
What documents should I find first?
The NTA, hearing notices, EOIR decisions, BIA decisions, prior applications, address records, proof of service, and a complete departure/reentry history.
Can I reopen because I now have a U.S. citizen spouse?
A new family relationship may matter, but it does not automatically erase time limits, jurisdictional issues, prior findings, inadmissibility, or the need for a legally valid reopening basis.
Does filing a motion automatically stop deportation?
Not generally. Automatic-stay rules are limited. The exact type of motion and procedural posture control.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
4.9 - Motions to Reopen In Absentia Orders
in absentia orders · notice · 180-day rule · automatic stay
Source reviewed 2026-09-30The next useful move
Put the facts, documents, dates, and procedural posture in one place
Bring the immigration history, notices, filings, travel history, court records, criminal dispositions if any, and the next known deadline. The right answer usually turns on the record, not a label.
Important legal and service limitations
This page provides general information about U.S. immigration law and procedure. It is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, release, admission, approval, reopening, naturalization, or any other result.