Tooby's California Post-Conviction Relief for Immigrants

(A)

Motions to Reopen.  After the Immigration Judge issues a final order of removal, either party may file a motion to reconsider the decision of the Immigration Judge, or a motion to reopen the proceedings.  A motion to reopen must be filed within 90 days of the date of entry of a final administrative order of removal, deportation, or exclusion.[159]  The motion must state new facts to be proven at a hearing to be held if the motion is granted, and must be supported by affidavits and other evidentiary material.[160]  A motion to reopen should be used, for example, when evidence of successful post-conviction relief first becomes available after the removal order has been issued, but before the appeal due date, or where the deadline for appeal has already passed or the respondent has waived appeal to the BIA.

[159] 8 C.F.R. § 1003.23(b).

[160] 8 C.F.R. § 1003.23(b)(3).