A motion to reopen in Suffolk County, New York, is governed by the Immigration and Nationality Act (INA) § 240(c)(7), 8 U.S.C. § 1229a(c)(7), allowing noncitizens to request the Immigration Court or Board of Immigration Appeals revisit a prior removal order based on new facts or changed circumstances. Law Offices Of SRIS, P.C.
Motion to Reopen Lawyer in Suffolk County, New York
A motion to reopen is a procedural request under INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)) and 8 C.F.R. § 1003.2 that asks the Immigration Court or the Board of Immigration Appeals (BIA) to revisit a final removal order. The motion must be based on new, material evidence that was not available at the time of the original hearing, or on changed country conditions that materially affect the applicant’s eligibility for relief. The general filing deadline is 90 days from the final administrative order, though exceptions exist for asylum applications, changed country conditions, and ineffective assistance of counsel claims. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | Suffolk County Supreme Court | New York State Legislature
For the full text of the Immigration and Nationality Act, visit: INA § 240(c)(7) (8 U.S.C. § 1229a(c)(7)) (U.S. Department of Justice — official site).
For Board of Immigration Appeals practice manual, visit: BIA Practice Manual (U.S. Department of Justice — official site).
In the New York Immigration Court at 26 Federal Plaza, prosecutors routinely oppose motions to reopen by arguing the evidence is not material or could have been presented earlier. We have observed that judges scrutinize the timeliness of filings and the specificity of new evidence.
- Identify the specific new evidence or changed circumstances that justify reopening.
- Prepare a sworn affidavit detailing why the evidence was unavailable at the original hearing.
- File the motion with the Immigration Court or BIA within the 90-day deadline.
- Serve the motion on DHS Office of Chief Counsel.
- Request a stay of removal if you are at risk of deportation while the motion is pending.
- Monitor the case and respond to any opposition from DHS.
In Suffolk County, New York, a motion to reopen is a procedural mechanism in immigration proceedings, not a criminal penalty. The consequence of a denied motion is continued removal proceedings.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Denied Motion to Reopen | Procedural | N/A | N/A | N/A | Removal order remains in effect; potential deportation |
| Granted Motion to Reopen | Procedural | N/A | N/A | N/A | Case is reopened for further proceedings |
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%. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled numerous immigration matters, including motions to reopen before the Immigration Court and BIA. Mr. Sris personally oversees each case, ensuring strategic and thorough representation.
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Suffolk County, New York. Firm-wide, SRIS has handled 4,739+ documented case results across VA, MD, DC, NY and NJ with over 93% favorable outcomes. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Buffalo, New York is approximately 350 miles from the Suffolk County Supreme Court at 1 Court Street, Riverhead, NY 11901, with access via I-495 (Long Island Expressway) and the Northern State Parkway. We serve as a motion to reopen lawyer near me Suffolk County for clients throughout Long Island. Serving the communities of Riverhead, Huntington, Babylon, Islip, Brookhaven, Smithtown, Patchogue, Bay Shore, Commack, Hauppauge, Montauk, Southampton, and Shelter Island. 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 Suffolk County
Where is the immigration court for Suffolk County, New York?
Removal proceedings for Suffolk County residents are typically heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. USCIS affirmative applications are processed by the NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Suffolk County residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
The immigration court for Suffolk County is at 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 revisit a prior 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, unless an exception applies.
A motion to reopen asks the court to revisit a removal order based on new evidence or changed circumstances.
How long does a motion to reopen take in New York?
Processing times for motions to reopen in New York vary significantly. The Immigration Court at 26 Federal Plaza and the Board of Immigration Appeals face substantial backlogs. Decisions can take 6 to 18 months or longer, depending on case complexity and court docket.
Motions to reopen in New York typically take 6 to 18 months for a decision.
Can I file a motion to reopen if I have a removal order from Suffolk County?
Yes. If you have a final removal order from the Immigration Court, you may file a motion to reopen with the Board of Immigration Appeals or the Immigration Court that issued the order. You must demonstrate new facts, changed country conditions, or ineffective assistance of counsel. Time limits apply.
Yes, you can file a motion to reopen with the BIA or Immigration Court that issued the order.
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 evidence or changed circumstances. A motion to reconsider argues the court made a legal error in its original decision. Both are governed by INA § 240(c)(6) and (7) and have strict filing deadlines.
A motion to reopen is based on new evidence; a motion to reconsider is based on legal error.
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Last updated: 2026-05-02 | Verified: 2026-02-15