Draft Motion To Reopen Removal Proceedings

---
name: draft-motion-to-reopen-removal-proceedings
task_id: immigration/draft-motion-to-reopen-removal-proceedings
description: Motion to reopen removal proceedings where the procedural basis selected (for example, exceptional circumstances, lack of notice, or changed country conditions) determines the timing rules and the evidentiary showing required.
activates_for: [planner, solver, checker]
---

# Skill: Draft Motion to Reopen Removal Proceedings

## 1. Subject-matter triage

- Confirm the order posture first: in absentia removal order, reopened-but-denied order, or ordinary removal order. The available remedy and timing rule depend on that posture.
- Identify the reopening basis before drafting: exceptional circumstances, lack of notice, changed country conditions, or the general reopening framework.
- If the record supports more than one basis, treat each as a separate theory and analyze it on its own timing and evidentiary track.
- If the task asks for a motion and supporting filing, the motion is the primary deliverable; any cover sheet, appendix index, or proposed order is secondary and should not replace the motion itself.

## 2. Failure modes the skill is correcting

- Treating the filing as an ordinary motion to reopen without first determining whether an in absentia rescission track applies.
- Invoking a deadline or exception in the abstract without tying it to the specific statutory or regulatory basis that permits reopening.
- Failing to connect declarations, notices, medical evidence, country reports, or other exhibits to the element each one proves.
- Combining exceptional circumstances and changed country conditions into one undifferentiated argument, which obscures the different legal standards.
- Stating that relief is warranted without naming the controlling statute, regulation, or rule that authorizes reopening or rescission.
- Omitting a proposed order or filing architecture that makes the motion administratively usable.

## 3. Legal frameworks / domain conventions that apply

- A motion to reopen in removal proceedings is governed by the applicable immigration statutes and regulations, including the ordinary limitations on timing and number of motions.
- An in absentia removal order may be rescinded or reopened on a different procedural track than an ordinary motion to reopen.
- Exceptional circumstances generally refers to circumstances beyond the respondent’s control that caused the failure to appear; the motion should address whether the nonappearance was willful and whether the facts fit the governing definition.
- Lack of proper notice is a distinct basis for rescission or reopening and must be tied to the service and address requirements in the record.
- Changed country conditions can excuse ordinary time and number limits when the evidence is material, was not available and could not have been discovered earlier, and supports a prima facie basis for relief.
- If the motion is filed late, assess whether equitable tolling or another legally recognized excuse applies under the governing authority in the relevant jurisdiction.
- Sworn declarations should do more than provide background; they should establish each element of the applicable standard.
- Supporting exhibits should be organized so the adjudicator can locate the proof for each factual and legal proposition without inference.

## 4. Analytical scaffolds

1. Order-type identification: determine whether the order was entered in absentia and whether rescission, reopening, or both are available.
2. Basis selection: list the exact ground or grounds being invoked and keep each one separate throughout the analysis.
3. Authority check: cite the statute, regulation, or case authority that governs each ground before stating the standard.
4. Timeliness analysis: state the applicable deadline or exception for each ground; if the filing is late, address tolling or another excuse only where supported by authority.
5. Exceptional-circumstances analysis: identify the precise event, show why it was beyond the respondent’s control, and explain how it caused the missed hearing.
6. Notice analysis: trace service, address use, and any notice defects to the record and explain why they defeat the appearance requirement.
7. Changed-conditions analysis: compare the country condition evidence to the prior record, focus on material change, and show why the evidence was previously unavailable.
8. Prima facie relief analysis: explain how the new facts would support the underlying relief sought if reopening is granted.
9. Evidence-to-element mapping: assign each declaration, record, report, notice, or exhibit to the element it proves.
10. Filing-package check: ensure the motion includes procedural history, statement of facts, argument, exhibit list, and proposed order in a court-ready form.

## 5. Vertical / structural / temporal relationships

- Distinguish what existed at the prior hearing from what arose later; changed country conditions require a before-and-after comparison, not a mere restatement of current hardship.
- Distinguish notice defects from excuses for nonappearance; they operate differently and should not be merged.
- Distinguish the date of the missed hearing, the date of the in absentia order, and the filing date; timeliness analysis turns on the relationship among those dates.
- If multiple respondents, hearings, or applications are involved, analyze each separately unless the record clearly shows a single common basis.
- If the evidentiary record contains recurring events or progressive deterioration, explain the timeline so the adjudicator can see why the evidence is material now.

## 6. Output structure conventions

- Use a formal motion format with caption, tribunal, parties, docket or alien-number information if available, title, and introductory request for relief.
- Include a short procedural history before the merits so the adjudicator can see the posture of the case.
- Use separate argument headings for each asserted ground, and within each heading state the controlling authority, rule, and application to the facts.
- Include pinpoint record citations to the supporting documents the motion relies on.
- Attach an exhibit list or appendix index that identifies each document and its role in the argument.
- End with a proposed order that states the relief sought in operative terms.
- Make the filing self-contained and ready to convert into the named output file.
- Do not invent facts, authorities, or documents not supported by the source materials.