Motion to Reopen | ina 240 b 5. Motion to Reopen | ina 240 b 5
he Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws, within the Executive Office for Immigration Review of the United States Department of Justice.
Some decisions, such as those on family-based visa petitions under section § 204 (a) of the Immigration and Nationality Act (INA), orders of removal, denials of applications for relief from removal, requests for political asylum, cancellation of conditional resident status, requests for derogation of one or more grounds of inadmissibility (Waiver of Grounds of Inadmissibility), motions to reopen, and motions to reconsider of decisions previously rendered, are appealed to the BIA.
In most cases, if the BIA affirms the lower court’s decision, then you can still appeal in the U.S. Court of Appeals. Sometimes, a motion to reopen to the BIA is the best option.
Generally, a motion to reopen removal proceedings with the BIA must be filed no later than 90 days after the date of a final order of removal, and only one motion may be filed. See INA § 240(c)(7)(A), (C)(i) ; 8 C.F.R. §§ 1003.2(c)(2), 1003.23(b)(1).
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