When to File a Strategic Motion to Reopen Case

In a year when ICE Air deportation flights are expanding and third-country removals can happen with 6 hours’ notice, many immigrants with old orders are suddenly back in danger. For those individuals, a strategic motion to reopen immigration case may be their only lifeline — but only if it's done right and fast.

Shan Potts Law Offices has seen a sharp rise in cases where motion timing, framing, and court credibility made the difference between a reopened case and an executed deportation order.

Why a Strategic Motion To Reopen is Important

Immigration courts receive thousands of motions to reopen — many are denied within minutes. Why?

Because many MTRs:

• Arrive late or without strong documentation

• Don’t follow up with a stay of removal

• Lack a credible legal theory or fresh facts

A strategic motion to reopen immigration case is more than just re-filing your story. It’s about building a compelling legal reason for the court to care — now, in this climate.

5 Scenarios Where Strategic Motions To Reopen Are Game-Changers

Old In Absentia Orders (You Never Knew About It)

Courts still reopen for lack of notice — but only when the affidavit is detailed, consistent, and backed by timeline proof.

You Married a U.S. Citizen Post-Removal

Even if marriage came “too late,” a well-structured MTR can explain the circumstances and include a properly filed I-130 package as leverage.

You’re Now Eligible for a New Visa (U, T, VAWA)

This is common. Many people didn’t know they qualified when ordered removed. We often attach new declarations, police records, or therapist notes to prove eligibility.

Changed Country Conditions

Especially for asylum seekers from Central America, Afghanistan, or parts of Africa. Use State Dept. reports, UN alerts, and expert letters.

You’re In Detention — or on ICE’s Radar Again

Timing is everything. MTR + emergency stay + fast coordination with EOIR can pause a deportation just before it’s carried out.

Shan Potts Law Offices’ Strategy

We approach every MTR as if it’s going in front of the most skeptical judge in the system. That means:

• We frame the motion around new and material facts, not just hope

• We include structured exhibits and cite BIA precedent

• We pre-draft a stay of removal even before ICE gets involved

• We collaborate with families to provide proof of hardship or humanitarian equities

As Shan Potts says:

“If the motion doesn’t make the judge stop in their tracks, it won’t work. It’s not just about reopening — it’s about why now matters.”

Next Steps: Timing Is Not Optional

Motions to reopen are discretionary. Even if you qualify, you need to convince the court why this moment deserves a second look.

Don’t wait until ICE picks you up or your flight is booked.

Contact Shan Potts Law Offices now to draft a strategic motion to reopen immigration case that actually has a shot.