This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reopen, equitable tolling, and sua sponte authority. Section VI addresses the impact of the post-departure bar on post-conviction relief motions to reopen, and section VII addresses the effect of a reinstatement of prior removal order on post-conviction relief motions to reopen.
Last updated: Mar. 6, 2023