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Advanced Motions to Reopen and Reconsider

Reopening After a Conviction Is Vacated, Overturned, or Modified

EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. This page addresses filing, evidence, exceptions, and current EOIR practice.

Reviewed by Peter Messersmith September 17, 2026
Direct Answer

EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. The filing should provide the new criminal-court order and enough record material to establish its legal effect. Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction.

Core Standard

changed-conviction reopening procedure core standard starts with the final order. changed-conviction reopening procedure core standard identifies the current tribunal. changed-conviction reopening procedure core standard applies this rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure core standard checks every prior motion. changed-conviction reopening procedure core standard states the requested remedy. changed-conviction reopening procedure core standard separates reopening from reconsideration. changed-conviction reopening procedure core standard identifies any claimed exception.

changed-conviction reopening procedure core standard uses evidence tied to procedure. changed-conviction reopening procedure core standard avoids unsupported factual assertions. changed-conviction reopening procedure core standard applies this additional rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure core standard cites affidavits and exhibits precisely. changed-conviction reopening procedure core standard explains prior unavailability when required. changed-conviction reopening procedure core standard addresses contrary record material. changed-conviction reopening procedure core standard connects procedure to requested relief.

changed-conviction reopening procedure core standard should produce a reviewable ruling. changed-conviction reopening procedure core standard preserves timeliness disputes. changed-conviction reopening procedure core standard preserves numerical-limit disputes. changed-conviction reopening procedure core standard applies this preservation rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure core standard records the DHS position. changed-conviction reopening procedure core standard requests findings on disputed requirements. changed-conviction reopening procedure core standard treats any stay separately.

Authority

changed-conviction reopening procedure authority starts with the final order. changed-conviction reopening procedure authority identifies the current tribunal. changed-conviction reopening procedure authority applies this rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure authority checks every prior motion. changed-conviction reopening procedure authority states the requested remedy. changed-conviction reopening procedure authority separates reopening from reconsideration. changed-conviction reopening procedure authority identifies any claimed exception.

changed-conviction reopening procedure authority uses evidence tied to procedure. changed-conviction reopening procedure authority avoids unsupported factual assertions. changed-conviction reopening procedure authority applies this additional rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure authority cites affidavits and exhibits precisely. changed-conviction reopening procedure authority explains prior unavailability when required. changed-conviction reopening procedure authority addresses contrary record material. changed-conviction reopening procedure authority connects procedure to requested relief.

changed-conviction reopening procedure authority should produce a reviewable ruling. changed-conviction reopening procedure authority preserves timeliness disputes. changed-conviction reopening procedure authority preserves numerical-limit disputes. changed-conviction reopening procedure authority applies this preservation rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure authority records the DHS position. changed-conviction reopening procedure authority requests findings on disputed requirements. changed-conviction reopening procedure authority treats any stay separately.

Forum

changed-conviction reopening procedure forum starts with the final order. changed-conviction reopening procedure forum identifies the current tribunal. changed-conviction reopening procedure forum applies this rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure forum checks every prior motion. changed-conviction reopening procedure forum states the requested remedy. changed-conviction reopening procedure forum separates reopening from reconsideration. changed-conviction reopening procedure forum identifies any claimed exception.

changed-conviction reopening procedure forum uses evidence tied to procedure. changed-conviction reopening procedure forum avoids unsupported factual assertions. changed-conviction reopening procedure forum applies this additional rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure forum cites affidavits and exhibits precisely. changed-conviction reopening procedure forum explains prior unavailability when required. changed-conviction reopening procedure forum addresses contrary record material. changed-conviction reopening procedure forum connects procedure to requested relief.

changed-conviction reopening procedure forum should produce a reviewable ruling. changed-conviction reopening procedure forum preserves timeliness disputes. changed-conviction reopening procedure forum preserves numerical-limit disputes. changed-conviction reopening procedure forum applies this preservation rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure forum records the DHS position. changed-conviction reopening procedure forum requests findings on disputed requirements. changed-conviction reopening procedure forum treats any stay separately.

Deadline

changed-conviction reopening procedure deadline starts with the final order. changed-conviction reopening procedure deadline identifies the current tribunal. changed-conviction reopening procedure deadline applies this rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure deadline checks every prior motion. changed-conviction reopening procedure deadline states the requested remedy. changed-conviction reopening procedure deadline separates reopening from reconsideration. changed-conviction reopening procedure deadline identifies any claimed exception.

changed-conviction reopening procedure deadline uses evidence tied to procedure. changed-conviction reopening procedure deadline avoids unsupported factual assertions. changed-conviction reopening procedure deadline applies this additional rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure deadline cites affidavits and exhibits precisely. changed-conviction reopening procedure deadline explains prior unavailability when required. changed-conviction reopening procedure deadline addresses contrary record material. changed-conviction reopening procedure deadline connects procedure to requested relief.

changed-conviction reopening procedure deadline should produce a reviewable ruling. changed-conviction reopening procedure deadline preserves timeliness disputes. changed-conviction reopening procedure deadline preserves numerical-limit disputes. changed-conviction reopening procedure deadline applies this preservation rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure deadline records the DHS position. changed-conviction reopening procedure deadline requests findings on disputed requirements. changed-conviction reopening procedure deadline treats any stay separately.

Number Rule

changed-conviction reopening procedure number rule starts with the final order. changed-conviction reopening procedure number rule identifies the current tribunal. changed-conviction reopening procedure number rule applies this rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure number rule checks every prior motion. changed-conviction reopening procedure number rule states the requested remedy. changed-conviction reopening procedure number rule separates reopening from reconsideration. changed-conviction reopening procedure number rule identifies any claimed exception.

changed-conviction reopening procedure number rule uses evidence tied to procedure. changed-conviction reopening procedure number rule avoids unsupported factual assertions. changed-conviction reopening procedure number rule applies this additional rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure number rule cites affidavits and exhibits precisely. changed-conviction reopening procedure number rule explains prior unavailability when required. changed-conviction reopening procedure number rule addresses contrary record material. changed-conviction reopening procedure number rule connects procedure to requested relief.

changed-conviction reopening procedure number rule should produce a reviewable ruling. changed-conviction reopening procedure number rule preserves timeliness disputes. changed-conviction reopening procedure number rule preserves numerical-limit disputes. changed-conviction reopening procedure number rule applies this preservation rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure number rule records the DHS position. changed-conviction reopening procedure number rule requests findings on disputed requirements. changed-conviction reopening procedure number rule treats any stay separately.

Evidence

changed-conviction reopening procedure evidence starts with the final order. changed-conviction reopening procedure evidence identifies the current tribunal. changed-conviction reopening procedure evidence applies this rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure evidence checks every prior motion. changed-conviction reopening procedure evidence states the requested remedy. changed-conviction reopening procedure evidence separates reopening from reconsideration. changed-conviction reopening procedure evidence identifies any claimed exception.

changed-conviction reopening procedure evidence uses evidence tied to procedure. changed-conviction reopening procedure evidence avoids unsupported factual assertions. changed-conviction reopening procedure evidence applies this additional rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure evidence cites affidavits and exhibits precisely. changed-conviction reopening procedure evidence explains prior unavailability when required. changed-conviction reopening procedure evidence addresses contrary record material. changed-conviction reopening procedure evidence connects procedure to requested relief.

changed-conviction reopening procedure evidence should produce a reviewable ruling. changed-conviction reopening procedure evidence preserves timeliness disputes. changed-conviction reopening procedure evidence preserves numerical-limit disputes. changed-conviction reopening procedure evidence applies this preservation rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure evidence records the DHS position. changed-conviction reopening procedure evidence requests findings on disputed requirements. changed-conviction reopening procedure evidence treats any stay separately.

Materiality

changed-conviction reopening procedure materiality starts with the final order. changed-conviction reopening procedure materiality identifies the current tribunal. changed-conviction reopening procedure materiality applies this rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure materiality checks every prior motion. changed-conviction reopening procedure materiality states the requested remedy. changed-conviction reopening procedure materiality separates reopening from reconsideration. changed-conviction reopening procedure materiality identifies any claimed exception.

changed-conviction reopening procedure materiality uses evidence tied to procedure. changed-conviction reopening procedure materiality avoids unsupported factual assertions. changed-conviction reopening procedure materiality applies this additional rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure materiality cites affidavits and exhibits precisely. changed-conviction reopening procedure materiality explains prior unavailability when required. changed-conviction reopening procedure materiality addresses contrary record material. changed-conviction reopening procedure materiality connects procedure to requested relief.

changed-conviction reopening procedure materiality should produce a reviewable ruling. changed-conviction reopening procedure materiality preserves timeliness disputes. changed-conviction reopening procedure materiality preserves numerical-limit disputes. changed-conviction reopening procedure materiality applies this preservation rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure materiality records the DHS position. changed-conviction reopening procedure materiality requests findings on disputed requirements. changed-conviction reopening procedure materiality treats any stay separately.

Exceptions

changed-conviction reopening procedure exceptions starts with the final order. changed-conviction reopening procedure exceptions identifies the current tribunal. changed-conviction reopening procedure exceptions applies this rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure exceptions checks every prior motion. changed-conviction reopening procedure exceptions states the requested remedy. changed-conviction reopening procedure exceptions separates reopening from reconsideration. changed-conviction reopening procedure exceptions identifies any claimed exception.

changed-conviction reopening procedure exceptions uses evidence tied to procedure. changed-conviction reopening procedure exceptions avoids unsupported factual assertions. changed-conviction reopening procedure exceptions applies this additional rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure exceptions cites affidavits and exhibits precisely. changed-conviction reopening procedure exceptions explains prior unavailability when required. changed-conviction reopening procedure exceptions addresses contrary record material. changed-conviction reopening procedure exceptions connects procedure to requested relief.

changed-conviction reopening procedure exceptions should produce a reviewable ruling. changed-conviction reopening procedure exceptions preserves timeliness disputes. changed-conviction reopening procedure exceptions preserves numerical-limit disputes. changed-conviction reopening procedure exceptions applies this preservation rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure exceptions records the DHS position. changed-conviction reopening procedure exceptions requests findings on disputed requirements. changed-conviction reopening procedure exceptions treats any stay separately.

DHS Response

changed-conviction reopening procedure dhs response starts with the final order. changed-conviction reopening procedure dhs response identifies the current tribunal. changed-conviction reopening procedure dhs response applies this rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure dhs response checks every prior motion. changed-conviction reopening procedure dhs response states the requested remedy. changed-conviction reopening procedure dhs response separates reopening from reconsideration. changed-conviction reopening procedure dhs response identifies any claimed exception.

changed-conviction reopening procedure dhs response uses evidence tied to procedure. changed-conviction reopening procedure dhs response avoids unsupported factual assertions. changed-conviction reopening procedure dhs response applies this additional rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure dhs response cites affidavits and exhibits precisely. changed-conviction reopening procedure dhs response explains prior unavailability when required. changed-conviction reopening procedure dhs response addresses contrary record material. changed-conviction reopening procedure dhs response connects procedure to requested relief.

changed-conviction reopening procedure dhs response should produce a reviewable ruling. changed-conviction reopening procedure dhs response preserves timeliness disputes. changed-conviction reopening procedure dhs response preserves numerical-limit disputes. changed-conviction reopening procedure dhs response applies this preservation rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure dhs response records the DHS position. changed-conviction reopening procedure dhs response requests findings on disputed requirements. changed-conviction reopening procedure dhs response treats any stay separately.

Respondent Proof

changed-conviction reopening procedure respondent proof starts with the final order. changed-conviction reopening procedure respondent proof identifies the current tribunal. changed-conviction reopening procedure respondent proof applies this rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure respondent proof checks every prior motion. changed-conviction reopening procedure respondent proof states the requested remedy. changed-conviction reopening procedure respondent proof separates reopening from reconsideration. changed-conviction reopening procedure respondent proof identifies any claimed exception.

changed-conviction reopening procedure respondent proof uses evidence tied to procedure. changed-conviction reopening procedure respondent proof avoids unsupported factual assertions. changed-conviction reopening procedure respondent proof applies this additional rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure respondent proof cites affidavits and exhibits precisely. changed-conviction reopening procedure respondent proof explains prior unavailability when required. changed-conviction reopening procedure respondent proof addresses contrary record material. changed-conviction reopening procedure respondent proof connects procedure to requested relief.

changed-conviction reopening procedure respondent proof should produce a reviewable ruling. changed-conviction reopening procedure respondent proof preserves timeliness disputes. changed-conviction reopening procedure respondent proof preserves numerical-limit disputes. changed-conviction reopening procedure respondent proof applies this preservation rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure respondent proof records the DHS position. changed-conviction reopening procedure respondent proof requests findings on disputed requirements. changed-conviction reopening procedure respondent proof treats any stay separately.

Drafting

changed-conviction reopening procedure drafting starts with the final order. changed-conviction reopening procedure drafting identifies the current tribunal. changed-conviction reopening procedure drafting applies this rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure drafting checks every prior motion. changed-conviction reopening procedure drafting states the requested remedy. changed-conviction reopening procedure drafting separates reopening from reconsideration. changed-conviction reopening procedure drafting identifies any claimed exception.

changed-conviction reopening procedure drafting uses evidence tied to procedure. changed-conviction reopening procedure drafting avoids unsupported factual assertions. changed-conviction reopening procedure drafting applies this additional rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure drafting cites affidavits and exhibits precisely. changed-conviction reopening procedure drafting explains prior unavailability when required. changed-conviction reopening procedure drafting addresses contrary record material. changed-conviction reopening procedure drafting connects procedure to requested relief.

changed-conviction reopening procedure drafting should produce a reviewable ruling. changed-conviction reopening procedure drafting preserves timeliness disputes. changed-conviction reopening procedure drafting preserves numerical-limit disputes. changed-conviction reopening procedure drafting applies this preservation rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure drafting records the DHS position. changed-conviction reopening procedure drafting requests findings on disputed requirements. changed-conviction reopening procedure drafting treats any stay separately.

Stay Issues

changed-conviction reopening procedure stay issues starts with the final order. changed-conviction reopening procedure stay issues identifies the current tribunal. changed-conviction reopening procedure stay issues applies this rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure stay issues checks every prior motion. changed-conviction reopening procedure stay issues states the requested remedy. changed-conviction reopening procedure stay issues separates reopening from reconsideration. changed-conviction reopening procedure stay issues identifies any claimed exception.

changed-conviction reopening procedure stay issues uses evidence tied to procedure. changed-conviction reopening procedure stay issues avoids unsupported factual assertions. changed-conviction reopening procedure stay issues applies this additional rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure stay issues cites affidavits and exhibits precisely. changed-conviction reopening procedure stay issues explains prior unavailability when required. changed-conviction reopening procedure stay issues addresses contrary record material. changed-conviction reopening procedure stay issues connects procedure to requested relief.

changed-conviction reopening procedure stay issues should produce a reviewable ruling. changed-conviction reopening procedure stay issues preserves timeliness disputes. changed-conviction reopening procedure stay issues preserves numerical-limit disputes. changed-conviction reopening procedure stay issues applies this preservation rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure stay issues records the DHS position. changed-conviction reopening procedure stay issues requests findings on disputed requirements. changed-conviction reopening procedure stay issues treats any stay separately.

Relief Effect

changed-conviction reopening procedure relief effect starts with the final order. changed-conviction reopening procedure relief effect identifies the current tribunal. changed-conviction reopening procedure relief effect applies this rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure relief effect checks every prior motion. changed-conviction reopening procedure relief effect states the requested remedy. changed-conviction reopening procedure relief effect separates reopening from reconsideration. changed-conviction reopening procedure relief effect identifies any claimed exception.

changed-conviction reopening procedure relief effect uses evidence tied to procedure. changed-conviction reopening procedure relief effect avoids unsupported factual assertions. changed-conviction reopening procedure relief effect applies this additional rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure relief effect cites affidavits and exhibits precisely. changed-conviction reopening procedure relief effect explains prior unavailability when required. changed-conviction reopening procedure relief effect addresses contrary record material. changed-conviction reopening procedure relief effect connects procedure to requested relief.

changed-conviction reopening procedure relief effect should produce a reviewable ruling. changed-conviction reopening procedure relief effect preserves timeliness disputes. changed-conviction reopening procedure relief effect preserves numerical-limit disputes. changed-conviction reopening procedure relief effect applies this preservation rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure relief effect records the DHS position. changed-conviction reopening procedure relief effect requests findings on disputed requirements. changed-conviction reopening procedure relief effect treats any stay separately.

Review

changed-conviction reopening procedure review starts with the final order. changed-conviction reopening procedure review identifies the current tribunal. changed-conviction reopening procedure review applies this rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure review checks every prior motion. changed-conviction reopening procedure review states the requested remedy. changed-conviction reopening procedure review separates reopening from reconsideration. changed-conviction reopening procedure review identifies any claimed exception.

changed-conviction reopening procedure review uses evidence tied to procedure. changed-conviction reopening procedure review avoids unsupported factual assertions. changed-conviction reopening procedure review applies this additional rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed. changed-conviction reopening procedure review cites affidavits and exhibits precisely. changed-conviction reopening procedure review explains prior unavailability when required. changed-conviction reopening procedure review addresses contrary record material. changed-conviction reopening procedure review connects procedure to requested relief.

changed-conviction reopening procedure review should produce a reviewable ruling. changed-conviction reopening procedure review preserves timeliness disputes. changed-conviction reopening procedure review preserves numerical-limit disputes. changed-conviction reopening procedure review applies this preservation rule: Immigration consequences depend on the basis for the criminal-court action and the federal immigration definition of conviction. changed-conviction reopening procedure review records the DHS position. changed-conviction reopening procedure review requests findings on disputed requirements. changed-conviction reopening procedure review treats any stay separately.

Checklist

changed-conviction reopening procedure checklist starts with the final order. changed-conviction reopening procedure checklist identifies the current tribunal. changed-conviction reopening procedure checklist applies this rule: A changed criminal record does not automatically compel reopening. changed-conviction reopening procedure checklist checks every prior motion. changed-conviction reopening procedure checklist states the requested remedy. changed-conviction reopening procedure checklist separates reopening from reconsideration. changed-conviction reopening procedure checklist identifies any claimed exception.

changed-conviction reopening procedure checklist uses evidence tied to procedure. changed-conviction reopening procedure checklist avoids unsupported factual assertions. changed-conviction reopening procedure checklist applies this additional rule: The filing should provide the new criminal-court order and enough record material to establish its legal effect. changed-conviction reopening procedure checklist cites affidavits and exhibits precisely. changed-conviction reopening procedure checklist explains prior unavailability when required. changed-conviction reopening procedure checklist addresses contrary record material. changed-conviction reopening procedure checklist connects procedure to requested relief.

changed-conviction reopening procedure checklist should produce a reviewable ruling. changed-conviction reopening procedure checklist preserves timeliness disputes. changed-conviction reopening procedure checklist preserves numerical-limit disputes. changed-conviction reopening procedure checklist applies this preservation rule: The movant must connect the changed disposition to removability, relief eligibility, or another outcome-determinative issue. changed-conviction reopening procedure checklist records the DHS position. changed-conviction reopening procedure checklist requests findings on disputed requirements. changed-conviction reopening procedure checklist treats any stay separately.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the central rule for motion reopen vacated conviction immigration?
changed-conviction reopening procedure follows this rule: EOIR guidance treats reopening rather than reconsideration as the proper vehicle when a conviction is later overturned, vacated, modified, or otherwise disturbed.
What deadline matters for motion reopen vacated conviction immigration?
changed-conviction reopening procedure requires separate analysis of the ordinary 90-day reopening deadline, the 30-day reconsideration deadline, and any exception actually invoked.
What evidence matters for motion reopen vacated conviction immigration?
changed-conviction reopening procedure uses evidence tied to the governing procedural requirement; reopening ordinarily depends on supported new facts while reconsideration ordinarily relies on the existing record.
Does motion reopen vacated conviction immigration automatically stay removal?
No. changed-conviction reopening procedure does not itself create an automatic stay; a separate stay request may be necessary.
Can equitable tolling solve every limit affecting motion reopen vacated conviction immigration?
No. changed-conviction reopening procedure must distinguish the time bar from the number bar, and Matter of M-M-L-J- holds that equitable tolling does not apply to the statutory number bar.
How should motion reopen vacated conviction immigration be preserved for review?
changed-conviction reopening procedure should preserve forum, deadline, prior motions, exceptions, evidence, the DHS response, and the adjudicator's ruling.
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