EOIR Court Motions

Request for a Joint Motion (to Reopen / Terminate / Dismiss)

A consensual procedural motion filed jointly by the foreign national and ICE OPLA under 8 C.F.R. § 1003.2(c)(1) to reopen, terminate, or dismiss removal proceedings without statutory time or number limits.

Estimated Timeline 3 to 9 months total (OPLA review takes approximately 2 to 4 months; subsequent court or BIA adjudication takes 1 to 5 months) Subject to agency case volume

Primary Form(s) Joint Motion to Reopen / Dismiss / Terminate Plus supporting declarations

Government Fee $0 ICE OPLA Review Fee

Typical Legal Fee $3,500 to $7,000 Market flat-fee range

1. Overview of the Process & Reasons to Pursue

Under federal immigration regulations (8 C.F.R. § 1003.2(c)(1) for the BIA and 8 C.F.R. § 1003.23(b)(1) for Immigration Courts), standard statutory time limits (90 days) and numerical limits (one motion) do NOT apply to motions to reopen that are agreed upon and filed jointly by the respondent and Department of Homeland Security (ICE OPLA) counsel. A 'Joint Motion' is therefore the gold standard for individuals who have an old removal order but have since become eligible for permanent residency through family sponsorship or other humanitarian relief.

Why Someone Pursues This Process / How One Enters It

Securing a Joint Motion with DHS counsel is the most effective and reliable method to overturn an old deportation or in absentia removal order. Because ICE counsel stipulates to the reopening or dismissal, Immigration Judges and the BIA grant Joint Motions in the vast majority of cases, vacating the removal decree and allowing the immigrant to obtain a Green Card.

2. How Long the Process Usually Takes

3 to 9 months total (OPLA review takes approximately 2 to 4 months; subsequent court or BIA adjudication takes 1 to 5 months).

3. Forms That Need to Be Completed

Successfully completing this process involves preparing and submitting official government petitions and affidavits:

Joint Motion to Reopen / Dismiss / Terminate

Formal joint pleading prepared by counsel and signed by both attorney and ICE OPLA counsel

Form EOIR-28 / Form EOIR-27

Notice of Entry of Appearance as Attorney before the Court or BIA

Underlying Application for Relief

Copy of Form I-485, approved Form I-130, or other affirmative benefit documentation

4. Supporting Evidence & Documentation Checklist

In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:

Proof of prima facie eligibility for lawful permanent resident status or statutory relief (e.g., approved Form I-130 petition with current priority date)
Proof of legal entry/inspection or eligibility to adjust status under INA § 245(i) / Military Parole in Place
Comprehensive criminal background clearances: certified FBI Identity History Summary check and local police clearance certificates
Evidence of significant positive discretionary equities: birth certificates of U.S. citizen children, proof of long-term U.S. residence, letters of support
Proof of continuous federal and state tax filing compliance

5. What Could Make a Person Ineligible? (Disqualifiers & Red Flags)

Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:

OPLA Refusal to Join: If ICE OPLA refuses to join the motion, it cannot be filed as a Joint Motion (must then meet strict unilateral statutory exceptions or sua sponte standards).
Serious Criminal Convictions: Disqualifying convictions under DHS enforcement guidelines (aggravated felonies, violent offenses, drug trafficking).
Lack of Prima Facie Relief: If the respondent is not immediately eligible to adjust status or obtain permanent residency.
Prior Immigration Fraud: Evidence of marriage fraud (INA § 204(c)) or false claims to U.S. citizenship.

6. Government Filing Fees

Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):

ICE OPLA Review Fee

$0 (no fee to submit request to OPLA).

EOIR Court Filing Fee

$0 (under 8 C.F.R. § 1003.24(b)(2), filing fees are waived for joint motions filed with DHS agreement).

Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.

7. Possible Adjudication Outcomes

Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:

Joint Motion Granted: Immigration Court or BIA vacates the prior removal order and either terminates proceedings or resets for green card adjudication.
Joint Motion Denied: Extremely rare when DHS joins, but an IJ retains ultimate judicial discretion to deny if serious undisclosed negative factors emerge.
OPLA Refusal: OPLA declines to sign the joint motion, leaving the removal order intact.

8. What Can Be Done If Your Outcome Is Negative?

If ICE OPLA refuses to join in the motion, the respondent cannot file under the joint motion regulation. Instead, counsel must evaluate whether a unilateral Motion to Reopen can be filed under statutory exceptions (e.g., lack of notice / in absentia under INA § 240(b)(5)(C), changed country conditions for asylum under INA § 240(c)(7)(C)(ii), or a Sua Sponte motion based on exceptional circumstances). If an Immigration Judge unexpectedly denies a joint motion, the respondent can appeal to the BIA within 30 days.

9. Range of Legal Fees Charged by Lawyers

Typical Industry Legal Fee Range

$3,500 to $7,000

$3,500 to $7,000 typical attorney legal fee for negotiating with ICE trial attorneys, assembling certified records, and filing formal court pleadings.

At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.