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Motion to Reopen 7-31-13doc

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The document outlines the policy and procedure for filing a motion to reopen civil forfeiture actions in Dunn County. It specifies that motions must be submitted in writing, accompanied by a non-refundable $50 fee, and details the consequences of granting or denying such motions. Additionally, it emphasizes the time limitation of six months from the judgment date for filing a motion.

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How do you win a motion to reopen?

A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. 103.5.

How to win motion to reopen?

A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.

How do you win a motion to reconsider?

You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead it may help you win the war.

What is the time limit for motion to reopen?

As a general rule, a motion to reopen must be filed within 90 days of the Boards final administrative decision. 8 C.F.R. 1003.2(c)(2).

What can cause a case to reopen?

Common reasons for reopening include discovering new evidence, procedural mistakes, or violations of due process. In cases involving personal injury claims, this often requires filing a formal motion to the court.

What to do if motion to reopen is denied?

You can do both: file a motion to reconsider with your new arguments and evidence, and file a motion for clarification as to why it was denied. A judge is supposed to give you some reason why they said no, how else can you file a proper appeal.

How to write a motion to reopen a case?

A motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material. 8 U.S.C. 1229a(c)(7)(B). It must be accompanied by the application for relief and all supporting documents.

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