Motion to Reopen Law & Legal Definition
A motion to reopen is a type of review procedure, which may be used as an alternative to an appeal in various types of cases, and is governed by local laws that vary by jurisdiction. Such a motion may be used to correct an error of law, an error of interpretation, or simply a wrong decision, instead of a lengthy and expensive appeal that may not be the best option for the client. For example, in immigration law, the officials may allow reopening for adjustment, in the exercise of discretion, when certain conditions are met, such as:
- the motion to reopen must be timely filed (within 90 days of a final order);
- the motion must not be numerically barred;
- the motion must not be barred by Matter of Shaar, 21 I. & N. Dec. 541 (BIA 1996), or other procedural grounds (in Shaar, the BIA held that a respondent seeking to reopen deportation proceedings who had failed to depart the U.S. prior to the lapse of a granted period of voluntary departure was ineligible for relief for a five-year period under former INA section 242B(e)(2)(A));
- the respondent must present clear and convincing evidence indicating a strong likelihood that the marriage is bona fide; and
- the motion must not be opposed by the INS, or INS's opposition must be based solely on Matter of Arthur and Matter of H-A-.
Legal Definitions
Search Definitions
Get a Term Defined
- Request a legal definition! Submit a term you need defined.
- » Request Legal Definition
Submit a Definition
- Submit a Definition Help us build our database. Free listings for attorneys.
- » Submit a Definition
Help Build USLegal
- Join our Team and help build USLegal. Many opportunities for participation so Join our Network.
Build USLegal
Read a Law Digest
- Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
Go to Law Digest
Form Packages
- Select from our most popular legal form packages.
- » Bankruptcy
- » Contract for Deed
- » Divorce
- » Employment Packages
- » Home Sales
- » Incorporation
- » LLC Formation
- » Landlord Tenant
- » Mutual Wills
- » Name Change
- » Personal Planning
- » Partnerships
- » View All Packages
Legal Life
- Organize your legal life today! View our free online guide to creating a Life Documents File and related products.
- » Life Documents File
- » Personal Planning Package
- » Life Documents Packages
- » New Parents
- » Newlyweds
- » Baby Boomers
- » Military
- » Other
Form Drafting
- Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
Submit a drafting request...
