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MOTIONS TO REOPEN (MTR)

CEDILLO LAW FIRM

A Motion to Reopen asks the Immigration Judge or BIA to reopen a closed case to consider new facts or evidence that could change the outcome. This is different from a Motion to Reconsider (legal error); Reopen focuses on new evidence, changed circumstances, or lack of proper notice.

Common grounds include:

  • Lack of proper notice (wrong address, minor child never properly served, defective notice, etc.)

  • Changed country conditions supporting asylum, withholding, or CAT

  • New eligibility for relief, such as marriage to a U.S. citizen, approved I-130, or new hardship evidence

  • Ineffective assistance of prior counsel (also known as a Lozada claim)

  • Extraordinary circumstances that prevented attendance or filing

  • New documents that were not available at the time of the original hearing

A successful MTR does more than reopen a case—it restores hope.

What is a Motion to Reopen?

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When the immigration system closes a case, it doesn’t always end the story.

A denied asylum claim, an in-absentia removal order, a closed marriage-based petition, or an old voluntary departure order can often be revisited, corrected, or re-litigated—if the right legal strategy is used.

That strategy begins with a Motion to Reopen.

At Cedillo Law Firm, our immigration attorneys represent clients throughout Houston, Sugar Land, The Woodlands, and all of Texas in complex motion practice before the Immigration Court, the Board of Immigration Appeals (BIA), and in certain cases, USCIS. Motions to Reopen are technical, deadline-driven, and evidence-heavy, and they demand attorneys who understand the full procedural landscape. That is exactly where we excel.

Our Approach: Building a Winning Motion to Reopen

Cedillo Law Firm’s immigration team handles MTRs every week. We know what each jurisdiction, immigration judge (IJ), and BIA panel expects, and we tailor our filings to meet those expectations.

1. Detailed Case Audit & Strategy Session

We begin by performing a line-by-line review of your entire immigration history:

  • Past applications

  • Notices served

  • Hearing recordings and transcripts

  • Prior attorney performance

  • Criminal or border encounters

  • Country conditions at the time of the original ruling

This audit allows us to identify every viable reopening pathway, even when the case looks impossible on paper.

2. Evidence Development & Story Reconstruction

Winning motions require more than a legal argument—they require documentation and narrative clarity. We assist with gathering and drafting:

  • Affidavits

  • Medical, psychological, or hardship evidence

  • Expert declarations

  • Country condition evidence

  • Proof of lack of notice

  • Marriage or family-based evidence

  • New eligibility evidence (I-130, I-212, I-601, etc.)

We present these materials in a compelling, professionally organized packet that immigration courts respect.

3. Lozada-Compliant Ineffective Assistance Claims

Many cases are reopened because prior attorneys made serious mistakes. We regularly prepare Lozada-compliant filings, ensuring:

  • Ethical notice to prior counsel

  • Detailed affidavit outlining the errors

  • Proof of resulting prejudice

  • Documentation supporting the client’s testimony

This area requires precision. We do not cut corners.

4. Strategic Filing With the Court or BIA

We file with the correct venue, select the strongest avenue for reopening, and present the case in a way that maximizes deliverability:

  • EOIR Motions Portal for Immigration Court cases

  • ECAS for BIA filings

  • Accompanying fee waivers or fee payments

  • Proper service and certification

Every page meets technical requirements, reducing delays and RFEs.

5. Follow-Through and Advocacy

Once filed, we:

  • Track the docket

  • Respond to court requests

  • Communicate with DHS counsel when necessary

  • Prepare for the reopened proceedings (bond hearing, merits hearing, or adjustment filing)

Our clients never feel “lost in the system.”

Why Clients Across Houston, Sugar Land & The Woodlands Trust Us With MTRs

Cedillo Law Firm has built a reputation for advanced motion practice—the type of work that requires deep immigration knowledge, courtroom experience, and the ability to rehabilitate even the most complex histories. Clients and referring attorneys rely on us because:

Experience With Tough Cases

We handle MTRs involving:

  • In-absentia deportation orders

  • Old removal orders from the 1990s and early 2000s

  • Clients who entered as minors and never received proper notice

  • Failed asylum claims

  • Prior denials from the Houston, Conroe, or Pearland courts

  • Mixed criminal/immigration histories (crimmigration)

Courtroom and Litigation Strength

Our firm is known throughout Houston, Sugar Land, and The Woodlands for being trial-ready, motion-ready, and appeal-ready. Immigration Judges know our filings are clean, ethical, and legally sound.

Meticulous Packet Preparation

Our motions are not thrown together. They are attorney-reviewed, exhibit-indexed, paginated, and supported with clear argumentation that reflects the seriousness of your case.

Compassion + Precision

We understand what reopening a case means. For many clients, this is the difference between

  • Deportation and relief

  • Family separation and reunification

  • Uncertainty and lawful status

We treat every motion like the life-changing opportunity it is.

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Every page matters because every family matters.

Motions to Reopen at the BIA

BIA motions have stricter standards and shorter deadlines. We handle:

  • 30-day post-decision motions

  • Sua sponte reopening requests

  • Late filings supported by equitable tolling

  • Renewed asylum claims based on new threats

  • Reopening for new I-130 or hardship evidence

We tailor every BIA filing to the precedents and procedural posture of that specific case.

Equitable Tolling & Sua Sponte Reopening

Even when the filing deadline has passed, we assess whether:

  • Your case qualifies for equitable tolling (extraordinary circumstances + due diligence)

  • The IJ or BIA should reopen sua sponte, in the interests of justice or based on fundamental fairness

These arguments require sophisticated briefing and a strong command of immigration precedent. Our team prepares these with the detail and professionalism required for success.

Ready to Reopen Your Immigration Case?

A Motion to Reopen may be the lifeline your case needs. Whether you are in Houston, Sugar Land, The Woodlands, Richmond, Rosenberg, Katy, or anywhere in Texas, Cedillo Law Firm is ready to evaluate your history, build your evidence, and fight to reopen your case.

Cedillo Law Firm – Immigration Attorneys
📍 Sugar Land | 📍 The Woodlands
📞 281-277-0098 | 281-323-4345
When immigration doors close, we know how to open them again.

Sugar Land Office
101 Southwestern Blvd., Ste 104

Sugar Land, Texas 77478

T. 281.277.0098

F. 346.239.1822

The Woodlands Office 
719 Sawdust Rd., Ste. 100

The Woodlands, Texas 77380

T. 281.323.4345

F. 346.239.1822

Contact Cedillo Law Firm Today:


We are dedicated to combating government overreach, standing for justice, and using the legal system to hold corporations and powerful entities accountable for their actions. We are

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