Motion to Reopen Lawyer Columbia Heights, DC
You received a notice to appear in immigration court, but it was sent to an old address. You did not learn about the hearing until an in absentia removal order was already entered. Now you face deportation from your home in Columbia Heights, DC, and your family’s future is uncertain. A motion to reopen can be the tool that challenges that order and gets you back into court. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team help individuals in Columbia Heights and throughout the District of Columbia pursue motions to reopen and protect their right to remain in the United States.
Strategy Options for a Motion to Reopen
A motion to reopen asks the immigration judge or the Board of Immigration Appeals to reconsider a prior decision—most often a removal order issued when the person did not appear for a hearing. The strategy depends on why the order was entered and what new evidence is available. For an in absentia order, the motion must show that the failure to appear was due to exceptional circumstances, such as serious illness or lack of proper notice. Other motions to reopen may be based on changed country conditions, new and material evidence that was not previously available, or the availability of relief—such as an approved family petition or adjustment of status—that did not exist at the time of the original hearing.
Mr. Sris and his team evaluate each situation individually. They may gather records showing that the Notice to Appear was not properly delivered, obtain medical documentation explaining a missed appearance, or document changes in the home country that now support a claim for asylum or withholding of removal. Because immigration judges have discretion in deciding motions to reopen, a thorough presentation of the facts and the law is essential.
What to Expect When You File a Motion to Reopen
Filing a motion to reopen begins with preparing a detailed legal brief and supporting affidavits and evidence. The motion is submitted to the immigration court that has jurisdiction over the case—for DC residents, typically the Arlington Immigration Court. The government attorney will have an opportunity to respond, and the immigration judge may schedule a hearing to consider the arguments. During that hearing, testimony and evidence can be presented to support reopening.
The timeline for a decision varies depending on the court’s docket and the complexity of the issues. While some motions are decided on the papers without a hearing, others require a full evidentiary hearing. Throughout the process, Mr. Sris and his Of Counsel keep clients informed about the status of the case and what to expect at each stage. It is important to act quickly because certain motions to reopen have strict filing deadlines, and missing a deadline can bar relief.
Consequences If a Motion to Reopen Is Denied
If the immigration judge denies the motion to reopen, the previous removal order remains in effect. The government can then move forward with deporting the individual. A removal order also carries serious immigration consequences: it can trigger bars to reentry—sometimes for years or even permanently—and may make it difficult to obtain any immigration benefit in the future. For a lawful permanent resident, a final removal order can end long-held status and separate them from family in the United States.
Because the stakes are so high, it is critical to present the strongest possible motion from the outset. Appellate review of a denial is limited, and the Board of Immigration Appeals will only overturn a decision if the immigration judge abused their discretion. Working with an attorney who understands the procedural nuances and evidentiary requirements can make a meaningful difference in the outcome.
Immigration Attorneys for Columbia Heights, DC
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder. Since then, Mr. Sris has represented individuals in immigration proceedings, including motions to reopen before the immigration courts and the Board of Immigration Appeals. His practice spans federal immigration law across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring substantial experience to immigration cases, and they work closely with clients to develop strategies tailored to their unique circumstances.
Residents of Columbia Heights can meet with the firm at its Arlington location, just a short drive from the neighborhood. The firm’s immigration practice covers all aspects of removal defense, adjustment of status, asylum, waivers, and appeals. To learn more about how Mr. Sris and his Of Counsel may be able to assist with a motion to reopen, call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions About Motions to Reopen
What is a motion to reopen in immigration court?
A motion to reopen is a formal request asking an immigration judge or the Board of Immigration Appeals to reconsider a prior removal order or other decision. It is used when new facts, evidence, or legal arguments could change the outcome. Motions to reopen are the primary way to challenge in absentia removal orders, present evidence of changed country conditions, or apply for relief that was not previously available. They are governed by the Immigration and Nationality Act and federal regulations.
How do I file a motion to reopen if I missed my immigration hearing?
You generally must file the motion within 180 days of the in absentia removal order—or at any time if you did not receive proper notice of the hearing. The motion must explain why you missed the hearing and provide evidence of exceptional circumstances, such as lack of notice, hospitalization, or other compelling reasons. An experienced attorney can help prepare the motion, gather supporting documentation, and file it with the immigration court that issued the removal order.
What are the grounds for reopening an in absentia removal order?
The two primary grounds are that you did not receive the required notice of the hearing or that exceptional circumstances prevented your appearance. Lack of notice can be shown when the Notice to Appear was sent to an incorrect or old address and you did not personally receive it. Exceptional circumstances include serious illness, the illness or death of an immediate relative, or other conditions beyond your control. The motion must include specific, credible evidence to support the claim.
How long does the motion to reopen process take?
The timeline depends on the immigration court’s calendar and whether the government opposes the motion. Some motions are resolved within a few months; others can take significantly longer if a hearing is needed or an appeal follows. Because of this variability, it is wise to begin preparing the motion as soon as possible after learning of the removal order. Mr. Sris and his team can provide a sense of what to expect based on the specific court and the facts of the case.
Do I need a lawyer to file a motion to reopen?
You are not required to have a lawyer, but navigating the procedural and evidentiary requirements without legal guidance is extremely difficult. Errors in drafting, missed deadlines, or insufficient evidence can lead to denial, and a denial may foreclose additional options. An attorney who understands immigration court procedures can ensure the motion is properly prepared, filed on time, and supported by the strongest available evidence.
What if my motion to reopen is denied?
If the immigration judge denies the motion, the removal order remains in effect, and deportation can proceed. The individual can typically appeal the denial to the Board of Immigration Appeals, but the standard of review is narrow—the Board will only reverse the judge’s decision if it finds an abuse of discretion. Because the appeal process is limited, it is essential to submit a thorough motion at the first opportunity.
Can I appeal a denial of a motion to reopen?
Yes, a denial of a motion to reopen can be appealed to the Board of Immigration Appeals. The appeal must be filed within the jurisdictional timeframe set by federal regulations. The Board reviews the record to determine whether the immigration judge’s decision was contrary to law or otherwise improper. While appeals sometimes result in a remand—meaning the case is sent back to the immigration judge for further proceedings—the odds of success depend heavily on the strength of the underlying record.
How much does it cost to hire a motion to reopen lawyer?
Legal fees for a motion to reopen vary depending on the complexity of the case, the amount of evidence to be gathered, and whether a hearing is anticipated. At Law Offices Of SRIS, P.C., we discuss fees during the initial consultation so you understand the costs before moving forward. There is no charge simply to speak with us about your situation.
Where is the immigration court for Columbia Heights, DC?
Removal proceedings for DC residents are heard at the Arlington Immigration Court, located at 1901 S. Bell St, Arlington, VA 22202. The court is easily accessible from Columbia Heights by car or public transportation. The same court handles motions to reopen for individuals who live in the District of Columbia. Mr. Sris and his team regularly appear at the Arlington Immigration Court and are familiar with its procedures.
What documents do I need to file a motion to reopen?
The documents depend on the reason for the motion, but typically include a legal brief, an affidavit from the person seeking reopening, and evidence supporting the grounds for the motion. For example, a motion based on lack of notice may include copies of the Notice to Appear, proof of address, and any correspondence showing that notice was not received. A motion based on changed country conditions may include recent news reports, State Department travel advisories, or experienced attorney affidavits. Your attorney will help identify and prepare the necessary materials.
Can I apply for a stay of removal while my motion is pending?
Filing a motion to reopen does not automatically stop removal, but you can request a stay of removal from the immigration judge or ICE. The judge has discretion to grant a stay while the motion is being decided, particularly if there is a strong likelihood of success or if removal would cause irreparable harm. If a stay is not granted, the government may still seek to remove the individual while the motion is under consideration, so it is important to request the stay at the earliest opportunity.
How do I find a motion to reopen lawyer in Columbia Heights?
Look for an attorney who has specific experience with immigration removal defense and motions to reopen before the Arlington Immigration Court. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. have represented individuals in Columbia Heights and across the District of Columbia in immigration matters since 1997. Call (888) 437-7747 to schedule a consultation and discuss whether a motion to reopen is right for your situation.
Schedule a Consultation
For guidance on a motion to reopen or any immigration matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Mr. Sris and his Of Counsel team are available to discuss your case and explain how a motion to reopen may help you stay in the United States. The firm serves clients from its Arlington location, conveniently located near Columbia Heights, and offers consultations by appointment.
Also serving these DC neighborhoods: Georgetown, Spring Valley, Cleveland Park, and Chevy Chase.
For a broader overview of immigration law topics, visit the firm’s immigration practice page at srislawyer.com.
Law Offices Of SRIS, P.C.
Arlington Location: 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209
Phone: (888) 437-7747
By appointment only.
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