McBean Immigration Law

Should You Reopen Your Immigration Case If You Have a Removal Order? 

What Every Immigrant Needs to Know 
December 4, 2025
For many immigrants living in the United States, a past removal order feels like a permanent roadblock—something too overwhelming or too risky to revisit. But here’s the truth: if you intend to stay in the U.S., reopening your immigration case may be one of the most powerful steps you can take right now to protect your future. Every week, we see immigrants who have lived quietly for years, working hard and raising families, suddenly facing aggressive enforcement actions because of an old, unresolved removal order. 
Today’s government is increasingly focused on finding and deporting individuals who already have final orders issued by immigration judges. These cases are the easiest for ICE to target because the paperwork is already done and the order is final. And with over one million people currently on the removal-order list, immigrants in this category face a real and urgent vulnerability. 
The good news? You may still have options. Many people can file a motion to reopen, fight to rescind an in-absentia order, or pursue new relief based on changed circumstances, new evidence, or mistakes made in the past. 

Can You File a Motion to Reopen Your Removal Case?

A motion to reopen is a legal request asking the immigration court to review your case again. This can give you another opportunity to present new evidence, correct errors, or apply for relief you didn’t know you qualified for.
You may be able to reopen your case if:
  • You now qualify for a form of immigration relief that wasn’t available earlier.
  • New evidence has emerged that could change the outcome of your case.
  • Your prior attorney made serious mistakes or provided ineffective assistance.
  • Country conditions in your home country have changed.
  • You never received your hearing notice.
  • You did not attend your hearing and the judge issued a removal order in your absence.
Even in-absentia removal orders—those issued when you didn’t show up for your hearing—can sometimes be rescinded. This is one of the biggest misunderstandings among immigrants with deportation orders. Many people assume the judge’s order is final and permanent. It isn’t always.
That is why speaking with an attorney immediately is essential.

Why You Should Not Wait

If the government is prioritizing deportations, immigrants with removal orders are the easiest group to target. ICE does not need new charges, new evidence, or new grounds for removal—they already have a final order in hand.
For many immigrants, reopening their removal case is the only way to:
  • Stop future enforcement
  • Regain control of their immigration situation
  • Apply for lawful status
  • Protect their family and future
This is not the time to wait until “something happens.” This is the time to act.
You can also watch Attorney LaToya McBean Pompy’s video about reopening your removal case to know why taking action now is important. 

Final Thoughts 

A removal order does not mean the end of your immigration journey. It means the clock is ticking—and it’s time to act. With over a million people currently on the removal-order list, ICE has a massive pool of targets, and those with old, unresolved cases are among the first they can go after. 
But you don’t have to face this system alone. At McBean Law, we believe every immigrant deserves a fair chance, a strong advocate, and a path toward freedom. Reopening your immigration case may be your opportunity to fight back, protect your family, and rebuild your future in the United States. Led by Attorney LaToya McBean Pompy, a nationally recognized immigration attorney and 2024, 2025, & 2026 honoree of Best Lawyers: Ones to Watch®, McBean Law brings unmatched experience in both federal policy and courtroom advocacy. Before founding the firm in 2016, Attorney McBean Pompy worked in various roles within the U.S. Department of Justice, U.S. Congress, and both federal and state courts. 
Schedule a consultation with us by calling (914) 898-9488 to get experienced legal support for your immigration journey. Follow us on YouTube, TikTok,Instagram, and Facebook for more resources and updates.     
 

FAQs: 

1. Can I reopen my immigration case if I already have a final removal order? 

Yes. Many immigrants with final removal orders—including those issued years ago—may qualify to file a motion to reopen. This allows you to present new evidence, correct legal errors, or apply for relief that wasn’t available during your original case. 

2. What if I never attended my immigration court hearing? 

If the immigration judge ordered you removed in your absence, you may still be able to rescind the in-absentia order. This is often possible if you never received proper notice, moved, were misinformed, or had a legitimate reason for missing the hearing. 

3. How long do I have to file a motion to reopen? 

Some motions have strict filing deadlines, but many exceptions and special circumstances allow immigrants to file late. Factors like lack of notice, ineffective assistance of counsel, changed country conditions, or approved family petitions may keep the door open. 

4. Does having a removal order make me an immediate immigration enforcement target? 

Unfortunately, yes. Individuals with existing removal orders are often the easiest for ICE to locate and deport because their cases are already finalized. That’s why reopening your case can be a critical step in protecting yourself and your family. 

5. Should I try to reopen my case on my own? 

No. Motions to reopen are highly technical and must be supported by legal arguments, evidence, and procedural compliance. Working with an experienced immigration attorney gives you the best chance of success—and can help you avoid mistakes that could jeopardize your case. 

 

 

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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