Can I reopen my deportation case?

This page explains motions to reopen a removal case. It is general information, not legal advice. These motions are technical, and a mistake can cost you your one chance. Please work with a lawyer or DOJ accredited representative.

We know living with an old order is heavy. Many people do not know their options. Start here.

First steps if you already have a deportation order

1. Do not panic, and do not leave the U.S. on your own before talking to a lawyer. Leaving can end your chance to reopen.
2. Find out exactly what happened. Look up your case on the EOIR site or call 800-898-7180. Write down the judge's decision date, whether you appealed, and whether the order was made when you were not in court.
3. Get your file. Gather every paper from court, ICE and USCIS. A lawyer may ask for your full record from the government. See How to get a copy of your immigration file.
4. List what changed. Marriage to a U.S. citizen, a U.S. citizen child who is now 21, a crime you were a victim of, danger in your home country, a conviction that was erased.
5. Keep your address updated with the court using Form EOIR-33 within five working days of any move.
6. Make a family plan in case ICE acts on the order. See Make a family preparedness plan.

What is a motion to reopen?

It is a written request asking the judge (or the Board) to open your case again so you can present something new. It must:

• State the new facts you would prove at a new hearing
• Include evidence, like sworn statements and documents
• If you want to apply for relief, include the completed application and its supporting papers

The evidence must be important and must not have been available, or discoverable, at your earlier hearing. Even if you show a strong case, the judge can still say no.

There is also a motion to reconsider. That one says the judge got the law or facts wrong based on the record that already existed. It is due within 30 days of the final order.

How much time do I have?

The general rule is one motion to reopen, filed within 90 days of the final order. But there are important exceptions:

The judge also has power to reopen a case on the judge's own motion at any time. Lawyers sometimes ask a judge to use this power when a deadline has passed. It is up to the judge.

Can the deadline be paused?

Sometimes. In the Ninth Circuit, courts have allowed the deadline to be paused, called equitable tolling, in some cases where a person was misled or badly served and then acted with care once they learned the truth.

In April 2026, the Ninth Circuit decided Eskilian v. Bondi. Legal groups say the decision gives guidance on showing "due diligence," and may help some people from countries that used to refuse deportees and later began accepting them. Every case is different. A lawyer must judge whether your facts fit.

What if I was ordered removed because I missed court?

This is called an in absentia order. You can ask to cancel (rescind) it with a motion to reopen:

• Within 180 days if you missed court because of exceptional circumstances beyond your control. The law gives examples: serious illness of you, or serious illness or death of your spouse, child or parent, or abuse of you, your child or your parent. Less serious reasons usually do not count.
• At any time if you did not get proper notice of the hearing, or you were in custody and it was not your fault.

Good news: filing this kind of motion stops your removal while the judge decides. You may file only one of these.

If you were warned in a language you understood and still missed court, an in absentia order can block several kinds of relief for 10 years. See Do I have to go to immigration court?

Does filing a motion stop ICE from deporting me?

Not automatically, except for the in absentia motions above. For other motions, you must ask the judge or Board for a stay of removal. ICE can also grant a stay. Ask your lawyer to request one if ICE could act soon.

What if my lawyer or a notario made the mistake?

Many people lost cases because a prior lawyer or a fake "notario" missed a deadline or did not present the facts. A motion to reopen based on that is possible. The Board set out three steps for this kind of motion in Matter of Lozada (1988), as federal courts quote them:

1. Your sworn statement that explains what happened: what you agreed with the prior lawyer or helper, and what they did or failed to do.
2. Proof you told the prior lawyer about your complaint and gave them a chance to respond, plus any response they sent.
3. A complaint to the right discipline office, such as the State Bar of California for a lawyer, or a statement of why you did not file one.

These steps matter. Skipping them can sink the motion. Courts in the Ninth Circuit have sometimes been more flexible about them, but do not count on that. A lawyer can tell you how strict to be.

See What to do if a notario or immigration consultant cheated you.

What if my conviction was erased?

If your order was based on a conviction that a California court later vacated for a legal defect, a motion to reopen may be possible. Timing and the reason for the vacatur matter. See Penal Code 1473.7 and Ways to fix an old California conviction.

What if I was deported and came back?

This is the hardest situation. If ICE finds you came back unlawfully after being removed, it can reinstate the old order. A reinstated order cannot be reopened, and you cannot apply for most relief. There is one important protection. If you tell the officer you are afraid to go back, the rule says you must be sent right away to an asylum officer, who decides whether you have a reasonable fear of persecution or torture. If you do, a judge then hears your request for protection from being sent to that country (withholding of removal only, not a green card). Say it clearly. Talk to a lawyer right away and do not sign anything.

The regulation also says a person who has left the U.S. cannot file a motion to reopen, and leaving after filing withdraws it. Courts have put some limits on this rule. For example, the Ninth Circuit held in Coyt v. Holder (2010) that the Board cannot treat a motion as withdrawn when the government itself removed the person while the motion was pending. The limits are narrow. Ask a lawyer before any travel.

How much does it cost?

For motions filed on or after October 1, 2026: $1,095 at the immigration court, and $1,060 at the Board of Immigration Appeals. A motion tied to an application that has no fee costs $950. A judge can waive some court fees if you cannot pay, except where a fee by law cannot be waived. Use a sworn statement about your income and costs. See New immigration court and asylum fees in 2026.

How is it filed?

• Where: the immigration court that has your record. Bay Area cases are now under the Concord Immigration Court, 1855 Gateway Blvd., Suite 850, Concord, CA 94520, 925-680-9015. Old San Francisco court files moved to Concord when the San Francisco court closed on September 4, 2026. If the Board made the last decision, it goes to the Board.
• Serve the government. A copy goes to the ICE Office of the Principal Legal Advisor for the area where your case ended, with a certificate of service.
• Proof of payment or a fee waiver request goes with it.
• Paper filings go in duplicate. Everything in another language needs a certified English translation.
• Say if a federal court case or a criminal case about your order exists. The rules require it.

Mistakes to avoid

• Waiting. Most deadlines are short, and some start the day of the order.
• Filing your one motion without the full application and evidence.
• Paying someone who promises a "pardon" or a guaranteed reopening. See Warning signs of an immigration scam.
• Leaving the U.S. before a lawyer reviews your options.

Questions people ask

My order is 15 years old. Is it too late? Not always. Some paths have no deadline, and a judge can reopen on the judge's own motion. A lawyer needs to see your whole file.

I married a U.S. citizen after my order. Can I reopen? Possibly. New family ties are a common reason to reopen, but the 90 day rule usually applies, so you may need an exception. Ask a lawyer.

Can I check if I even have an order? Yes. Use the EOIR case site or phone line with your A number.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income in San Mateo and Santa Clara counties. Walk ins Monday to Friday, 9 a.m. to 1 p.m., at 1861 Bay Road, East Palo Alto.
• Immigration Institute of the Bay Area (Redwood City): (650) 587-1558, by appointment.
• Catholic Charities San Francisco (serves San Mateo County): (650) 285-6451.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• Asian Law Alliance: (408) 287-9710.
• More: Free legal help in the Bay Area

An old order can feel like a locked door. Sometimes there is still a key. Find out today.