Removal Hearings

What Is A

Removal Hearing?

Individuals facing deportation or Removal Hearings may challenge the government’s charging document (“Notice to Appear”), the government’s allegations against the individual, or the government’s evidence using motions to terminate or dismiss, motions to suppress, motions to reopen, and motions to reconsider. These motions provide an opportunity to highlight mistakes in the government’s documentation or handling of the case, to share important new or existing facts in a case, or to clarify favorable aspects of law.

• A “Motion to Terminate” asks a court to dismiss a case and alleges that the government’s charges are substantively or procedural defective. This type of motion may be filed as soon as the government files a “Notice to Appear” initiating Removal Hearings proceeding with the immigration court.
• A “Motion to Suppress” can be filed during removal proceedings to ask the immigration judge to exclude evidence obtained by federal immigration officials in violation of the U.S. Constitution and other provisions of federal law. If a motion to suppress is granted and the government is prevented from using the evidence in question, government counsel may become unable to prove its case and may have to ask the immigration judge to terminate Removal Hearings proceedings.
• A “Motion to Reopen” may be filed after a court has made a final decision. Motions to Reopen inform the court that new facts are available and ask the court to review its decision taking the new facts into account. The new facts must be supported by affidavits or other documentary evidence, and the information presented must not have been available at the time of the previous Removal Hearings.
• A Motion to Reconsider asks the court to reconsider its decision. An individual may file a motion to reconsider if he or she can demonstrate that the court incorrectly applied law or policy, or that the decision was incorrect based on the evidence in the record of proceedings at the time of the Removal Hearings.
• There are strict time limits for motions to reconsider and reopen.
  • A motion to reconsider must be filed within 30 days of the date of entry of a final administrative order.
  • A motion to reopen must be filed within 90 days of the date of entry of a final administrative order, subject to certain exceptions.
  • Both motions must be made prior to a person’s actual removal from the U.S.
  • An exception to these time limits may be granted for individuals who wish to apply for asylum because conditions in his or her home country have changed.

Defending

Removal

Peoples Immigrant Resource Center will pursue every opportunity to protect our Communities from removal. We will advise clients of opportunities to pursue motions to terminate, reopen, and reconsider if they become available. We vigorously defend clients from removal, build the strongest possible cases to challenge the government through every step of Removal Hearings proceedings, and we will not hesitate to demand the court reopen or reconsider decisions when there is an opportunity to reverse a court’s determination in our clients’ favor.