A motion to reopen in immigration court is a legal request to revisit a prior deportation or removal order based on new evidence or changed circumstances. Under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.), Law Offices Of SRIS, P.C. provides representation for Bronx residents seeking to reopen their cases.
Motion to Reopen Lawyer Bronx, New York
A motion to reopen is governed by the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101 et seq., and federal regulations at 8 C.F.R. § 1003.2. This motion asks the immigration court or the Board of Immigration Appeals (BIA) to revisit a final order of removal, deportation, or denial of relief. To succeed, you must present new, material evidence that was not available at the time of your original hearing. The court may also consider changes in country conditions or law. Filing a motion to reopen is time-sensitive: generally, you must file within 90 days of the final administrative order, though exceptions exist for asylum cases, ineffective assistance of counsel, or changed country conditions. Law Offices Of SRIS, P.C., founded in 1997 by Mr. Sris, former prosecutor, brings 120+ years combined legal experience to these complex proceedings. Advocacy Without Borders is our guiding principle, ensuring clients receive dedicated representation regardless of their circumstances.
Last verified: May 2026 | U.S. Immigration Court (26 Federal Plaza NYC / Buffalo EOIR) and USCIS Field Office | USCIS Official Site
For official legal references, consult the following government sources:
- USCIS Official Site (uscis.gov) — for immigration forms, filing fees, and policy updates.
- EOIR (Executive Office for Immigration Review) (justice.gov/eoir) — for immigration court procedures and BIA decisions.
In New York Immigration Court at 26 Federal Plaza, prosecutors routinely oppose motions to reopen by arguing that the evidence is not new or material. We have observed that judges closely scrutinize the timeliness of filings and the credibility of supporting affidavits.
- Identify new evidence that was unavailable at your original hearing.
- Verify the filing deadline under 8 C.F.R. § 1003.2.
- Prepare a detailed motion with supporting affidavits and legal arguments.
- File the motion with the correct immigration court or BIA.
- Serve a copy on DHS counsel and await a response.
- If denied, consider an appeal to the BIA within 30 days.
In Bronx, New York, a motion to reopen is a procedural tool in immigration court; the penalty for failing to file a timely motion can result in a final removal order becoming permanent, skilled to deportation and potential bars on reentry.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to file timely motion to reopen | Procedural default | N/A (civil immigration matter) | N/A | N/A | Final removal order becomes enforceable; potential 3-year, 10-year, or permanent bar on reentry under INA § 212(a)(9) |
| Denial of motion to reopen | Court decision | N/A | N/A | N/A | Original removal order stands; possible appeal to BIA within 30 days |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Advocacy Without Borders is the firm’s commitment to providing full immigration representation, including motions to reopen, regardless of a client’s background or circumstances. Mr. Sris personally oversees complex immigration matters and collaborates with Of Counsel attorneys who bring decades of experience.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate of 93%+. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Buffalo, New York is approximately 375 miles from New York Immigration Court at 26 Federal Plaza, with access via I-90 (NYS Thruway) and I-87. For Bronx residents, we provide a motion to reopen lawyer near me Bronx service. Serving the communities of Bronx, Riverdale, Fordham, Morris Park, Throgs Neck, Soundview, Mott Haven. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Phone: (838) 292-0003 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Motion to Reopen in Bronx
What is a motion to reopen in immigration court?
A motion to reopen is a request to the immigration court or Board of Immigration Appeals to revisit a prior decision based on new facts or changed circumstances. Under 8 C.F.R. § 1003.2, you must file within 90 days of the final order unless an exception applies. SRIS, P.C. can help evaluate your eligibility.
A motion to reopen asks the court to revisit a prior removal order based on new evidence. File within 90 days under 8 C.F.R. § 1003.2.
Where is the immigration court for Bronx, New York?
Removal proceedings for Bronx residents are heard at New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court. USCIS NYC Field Office at 26 Federal Plaza handles affirmative applications. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS, P.C. actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
New York Immigration Court at 26 Federal Plaza, Manhattan, handles Bronx removal cases. USCIS NYC Field Office also at 26 Federal Plaza.
How long do I have to file a motion to reopen in New York?
Generally, you have 90 days from the final administrative order to file a motion to reopen under 8 C.F.R. § 1003.2. Exceptions exist for asylum cases, changed country conditions, or ineffective assistance of counsel. Missing this deadline can bar relief. Contact a motion to reopen lawyer near me Bronx promptly.
You have 90 days to file a motion to reopen under 8 C.F.R. § 1003.2. Exceptions apply for asylum or changed conditions.
Can I file a motion to reopen if I have a removal order?
Yes. A motion to reopen can challenge a removal order if you present new evidence that was unavailable at the time of your hearing. This includes changes in law, family circumstances, or country conditions. The immigration court at 26 Federal Plaza reviews these motions. SRIS, P.C. has handled 4,739+ firm-wide results.
Yes, you can file a motion to reopen a removal order with new evidence. The court at 26 Federal Plaza reviews these motions.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen asks the court to revisit a case based on new facts, while a motion to reconsider argues the court made a legal error. Both are governed by 8 C.F.R. § 1003.2. A motion to reconsider must be filed within 30 days. An affordable motion to reopen lawyer Bronx can advise on which option fits your case.
A motion to reopen uses new facts; a motion to reconsider argues legal error. Both under 8 C.F.R. § 1003.2.
How does a New York lawyer defend against motion to reopen charges?
Defense strategies for a motion to reopen in New York may include challenging the timeliness of the original order, examining procedural compliance, negotiating with DHS counsel, and presenting mitigating factors such as changes in law or family circumstances. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) to build the strongest possible case.
What should I do if I am facing a removal order in New York?
If facing a removal order in New York, contact an immigration attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under federal immigration law require prompt action. SRIS, P.C. can help evaluate your options for a motion to reopen.
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Last verified: May 2026 | Page generated: 2026-05-02