Motion to Reopen Lawyer Westchester County, New York
If you have a removal order and need to reopen your immigration case, a Motion to Reopen Lawyer Westchester County can help. Under INA § 1229a(c)(7) and 8 C.F.R. § 1003.2, you may file a motion to reopen based on new facts or changed circumstances. Law Offices Of SRIS, P.C.
Understanding the Motion to Reopen Under Federal Immigration Law
A motion to reopen is a legal request asking an immigration court or the Board of Immigration Appeals (BIA) to revisit a prior removal order. Under INA § 1229a(c)(7) and 8 C.F.R. § 1003.2, you must file the motion within 90 days of the final administrative order, unless an exception applies. Exceptions include changed country conditions that could affect your eligibility for relief, ineffective assistance of counsel, or humanitarian circumstances. The motion must present new, material evidence that was not available at the time of your original hearing. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: May 2026 | Westchester County Supreme Court | New York State Senate — official site
Official Legal References
Insider Perspective on Filing a Motion to Reopen in Westchester County
In our experience handling immigration cases for Westchester County residents, the New York Immigration Court at 26 Federal Plaza has specific procedural requirements that can trip up self-represented filers. The court strictly enforces the 90-day filing deadline under INA § 1229a(c)(7).
- Gather all new evidence that was unavailable at your original hearing.
- Verify the filing deadline — count 90 days from the final administrative order.
- Draft a detailed motion explaining why the new evidence is material.
- File the motion with the correct immigration court or BIA.
- Serve DHS counsel with a copy of the motion.
- Monitor the case status and respond to any court inquiries promptly.
In Westchester County, a motion to reopen in immigration court carries the potential consequence of removal if the motion is denied, with the original removal order remaining in effect.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order (Final) | Federal Civil/Administrative | Detention pending removal | N/A | N/A | Unlawful presence bars (3-year, 10-year, permanent); aggravated felony deportation |
| Motion to Reopen Denied | Federal Civil/Administrative | Detention pending removal | N/A | N/A | Original removal order remains in effect; possible appeal to BIA or federal circuit court |
Results may vary.
Your Legal Team
Our Track Record
Law Offices Of SRIS, P.C. has extensive criminal defense experience and 4,739+ firm-wide documented results across VA, MD, DC, NY and NJ, 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
Our location in Buffalo, NY is approximately 350 miles from the Westchester County Supreme Court at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601, with access via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9.
Looking for a motion to reopen lawyer near me Westchester County? We serve clients throughout the Hudson Valley region.
Serving the communities of White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson.
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 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions About Motions to Reopen in Westchester County
Where is the immigration court for Westchester County, New York?
Removal proceedings are heard at the New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court.
Yes. Removal proceedings for Westchester County residents are heard at the New York Immigration Court, 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Affirmative applications are processed at the USCIS NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS handles immigration for Westchester County residents. SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. (Statute: Immigration and Nationality Act (8 U.S.C.); Title 8 C.F.R.; EOIR regulations; Court: Westchester County Court)
What is a motion to reopen in immigration court?
A motion to reopen is a request to revisit a prior removal order based on new facts or changed circumstances.
Yes. 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 § 1229a(c)(7) and 8 C.F.R. § 1003.2, you must file within 90 days of the final order, with exceptions for certain situations. (Statute: INA § 1229a(c)(7); Court: New York Immigration Court)
How long does a motion to reopen take in New York?
Processing times typically range from 6 months to 2 years depending on caseload and complexity.
It depends. Processing times for a motion to reopen at the New York Immigration Court or BIA vary significantly. Typical timelines range from 6 months to 2 years depending on caseload and complexity. The New York Immigration Court at 26 Federal Plaza handles these motions, and backlogs can extend timelines. (Statute: INA § 1229a(c)(7); Court: New York Immigration Court)
Can I file a motion to reopen if I have a removal order?
Yes, you can file a motion to reopen a removal order under INA § 1229a(c)(7).
Yes. You can file a motion to reopen a removal order under INA § 1229a(c)(7). You generally must file within 90 days of the final order, but exceptions exist for changed country conditions, ineffective assistance of counsel, or humanitarian situations. The motion is filed with the immigration court that issued the order or the BIA. (Statute: INA § 1229a(c)(7); Court: New York Immigration Court)
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen is based on new facts, while a motion to reconsider argues legal error.
Yes. A motion to reopen asks the court to revisit a case based on new facts or evidence, while a motion to reconsider argues the court made an error of law or fact in its original decision. Both are governed by INA § 1229a(c)(6) and (7) and 8 C.F.R. § 1003.2, but have different filing deadlines and standards. (Statute: INA § 1229a(c)(6) and (7); Court: New York Immigration Court)
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Page last updated: 2026-05-02. Legal references verified as of 2026-02-15. Immigration laws and policies change frequently; consult with an attorney for current information.