Motions to Reopen: Who Qualifies and What Evidence You Need

Written By Noelle Sharp

Category: Appeals & Motions

A Motion to Reopen (MTR) asks the court or BIA to reconsider your case based on new evidence or changed circumstances.

You may qualify if:

  • You have new evidence unavailable at the original hearing

  • Country conditions changed

  • You did not receive proper notice

  • Your attorney was ineffective

  • Your conviction was vacated

  • You qualify for asylum now

  • You need rescission of an in absentia order

Supporting evidence can include:

  • Affidavits

  • Expert letters

  • Court records

  • Reports from human rights organizations

  • Declarations from witnesses

Noelle Sharp
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