Motion to Reopen Lawyer in Monroe County, New York
A motion to reopen in Monroe County, New York, is a legal request under INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)) to ask the immigration court or Board of Immigration Appeals to reconsider a removal order based on new facts or changed circumstances. Law Offices Of SRIS, P.C.
What Is a Motion to Reopen Under Federal Immigration Law?
A motion to reopen is governed by the Immigration and Nationality Act (INA) at 8 U.S.C. § 1229a(c)(7). This statute allows a noncitizen to request that the immigration court or the Board of Immigration Appeals (BIA) reopen removal proceedings based on new facts or evidence that were not available at the time of the original hearing. The motion must demonstrate prima facie eligibility for the underlying relief, such as asylum, cancellation of removal, or adjustment of status. Time limits apply: generally, you must file within 90 days of the final administrative order, but exceptions exist for asylum applications, withholding of removal, and certain humanitarian cases. The motion must be filed with the immigration court that issued the order or with the BIA if the order was appealed. For Monroe County residents, removal proceedings are typically heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court.
Last verified: May 2026 | Monroe County Supreme Court | New York State Legislature — INA Reference
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Official Government Resources for Immigration Motions
For authoritative information on motions to reopen, consult these official government sources:
Local Procedural Insight for Monroe County Immigration Cases
In the New York Immigration Court at 26 Federal Plaza, prosecutors routinely oppose motions to reopen by arguing that the new evidence is not material or that the motion is untimely. We have observed that judges in the 7th Judicial District, which includes Monroe County, closely scrutinize the prima facie showing required for reopening. The key is to present evidence that directly addresses the legal standard for the underlying relief.
- Identify the specific new facts or changed circumstances that support reopening.
- Gather supporting documentation, such as affidavits, country condition reports, or medical records.
- Draft a motion that clearly explains how the new evidence meets the legal standard.
- File the motion with the correct immigration court or BIA within the applicable deadline.
- Serve the motion on DHS Office of Chief Counsel and await a response.
- Prepare for a possible hearing if the motion is granted.
Consequences of a Removal Order and Motion to Reopen Options
In Monroe County, New York, a final removal order carries serious consequences including deportation, bars to reentry, and loss of immigration status. A motion to reopen is a procedural tool to challenge the order based on new facts.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Final Removal Order | Federal Immigration Violation | Detention pending removal | N/A | N/A | Deportation, 3/10-year bar, permanent bar |
| Unlawful Presence | Civil Violation | N/A | N/A | N/A | 3-year or 10-year bar to reentry |
| Aggravated Felony | Criminal Ground of Deportation | Varies by underlying crime | Varies | N/A | Permanent deportation, ineligible for most relief |
Results may vary. Case results depend on a variety of factors unique to each case.
Why Choose Law Offices Of SRIS, P.C. for Your Motion to Reopen?
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%. The firm — Advocacy Without Borders — has handled numerous immigration matters, including motions to reopen, for clients in Monroe County and throughout New York. Mr. Sris personally oversees each case, ensuring that every motion is thoroughly prepared with the strongest possible evidence and legal arguments.
Your Motion to Reopen Attorney
Case Results in Immigration Matters
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Monroe County and firm-wide documented results across VA, MD, DC, NY and NJ. While specific immigration case results for Monroe County are not separately tabulated, the firm has achieved 4,739+ documented results firm-wide with a favorable-outcome rate above 93%. Results may vary. Case results depend on a variety of factors unique to each case.
Our Location and Service Area for Monroe County
Our location in Buffalo, NY is approximately 75 miles from Monroe County Supreme Court at 99 Exchange Boulevard, Rochester, NY 14614, with access via I-90 (NYS Thruway) and I-390. We serve as a motion to reopen lawyer near me Monroe County for residents of Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates. 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 Motions to Reopen in Monroe County
Where is the immigration court for Monroe County, New York?
Removal proceedings for Monroe County 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. NY has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Monroe County residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
Yes. Removal proceedings for Monroe County are heard at New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court.
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 reconsider a removal order based on new facts or changed circumstances. Under INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)), you must file within 90 days of the final order, with exceptions for asylum and withholding claims.
A motion to reopen is a request to reconsider a removal order based on new facts under INA § 240(c)(7).
How long does a motion to reopen take in New York?
Processing times for motions to reopen vary. EOIR typically takes 6–18 months for adjudication. USCIS processing for affirmative motions may take 8–14 months. Emergency or humanitarian cases may be expedited. SRIS monitors timelines and advises clients on case-specific expectations.
EOIR typically takes 6–18 months to adjudicate a motion to reopen.
Can I file a motion to reopen if I have a deportation order?
Yes. You may file a motion to reopen with the immigration court or BIA if you have a final removal order. You must demonstrate new facts or evidence that were not available at the time of the original hearing. Time limits apply: generally 90 days for most cases, but no time limit for asylum applications under certain conditions.
Yes, you can file a motion to reopen if you have a deportation order, subject to time limits.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is based on new facts or evidence, while a motion to reconsider challenges the legal basis of the decision. Under INA § 240(c)(6) (8 U.S.C. § 1229a(c)(6)), a motion to reconsider must be filed within 30 days. Both motions are filed with the immigration court or BIA.
A motion to reopen is based on new facts; a motion to reconsider challenges the legal basis of the decision.
How does a New York lawyer defend against immigration motion charges?
Defense strategies for immigration motion in New York may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act (8 U.S.C.) to build the strongest possible defense.
Defense strategies include challenging evidence and examining procedural compliance under the INA.
What should I do if I am facing immigration motion charges in New York?
If facing immigration motion charges 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 law require prompt action.
Contact an immigration attorney immediately and preserve all relevant documents.
How does a New York lawyer defend against motion to reconsider charges?
Defense strategies for motion to reconsider in New York may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the Immigration and Nationality Act (8 U.S.C.) to build the strongest possible defense.
Defense strategies include challenging the legal basis of the decision under the INA.
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Last verified: May 2026. This page was generated on 2026-05-02 and reflects current immigration law and procedures. Laws and policies may change. Consult an attorney for the most up-to-date information.