Can an old deportation case still be reopened after prior motions to reopen, a criminal record, and decades under a final removal order?

In some situations, yes.

Our office recently obtained reopening of a decades-old deportation case for a detained client who had a 1995 deportation order, prior unsuccessful motions to reopen filed by a previous attorney, and old felony convictions from the early 1990s.

Background of the Case

For many years, the client had nearly lost hope in his immigration case because of his old removal order and criminal convictions from the early 1990s. He had already exhausted his prior statutory motions to reopen and was later facing active ICE detention.

The client entered the United States as a refugee in the late 1980s and later became a lawful permanent resident. He had lived in the United States for nearly four decades.

However, in 1995, the Immigration Court ordered him deported based on felony-related criminal convictions from the early 1990s. At that time, he did not have a qualifying family relationship or available immigration relief.

Years later, the client married a U.S. citizen, and his spouse filed an I-130 immigrant petition on his behalf. USCIS later approved the I-130 petition.

However, because the old deportation order remained in place, USCIS could not proceed with adjustment of status unless the Immigration Court first reopened the case.

Prior Motions to Reopen Had Already Been Filed

This case involved significant procedural obstacles.

The client had previously filed motions to reopen in the past, including a prior motion filed by another attorney seeking relief under former INA § 212(c). That motion was denied.

As a result, the client no longer had a regular statutory motion to reopen available.

Instead, our office requested that the Immigration Court exercise its sua sponte authority to reopen the proceedings based on exceptional circumstances and newly available immigration relief.

Client Was Arrested by ICE and Detained

In 2026, ICE arrested and detained the client while he was on his way to work.

Our office immediately filed a Motion to Reopen together with an emergency request for stay of removal to prevent deportation before the Immigration Court could review the case.

The motion explained that the criminal convictions occurred more than thirty years ago and that the client had no subsequent arrests or convictions since that time.

The motion further presented evidence of rehabilitation, long-term residence in the United States, family ties, and eligibility for immigration relief based on the approved I-130 petition.

Immigration Judge Granted Reopening

Despite the existence of a decades-old deportation order, prior denied motions to reopen, ICE detention, and a criminal record from the 1990s, the Immigration Judge granted reopening of the proceedings.

The reopening now allows the client to continue pursuing lawful permanent residence and additional immigration relief before the Immigration Court.

Frequently Asked Questions

What Is a Sua Sponte Motion to Reopen?

A sua sponte motion to reopen asks the Immigration Court to reopen proceedings using the court’s discretionary authority, even where ordinary statutory reopening rules may no longer apply.

These motions are highly discretionary and are generally reserved for exceptional circumstances.

Can someone reopen a deportation case after prior motions to reopen were denied?

Possibly. In limited situations, the Immigration Court may still exercise sua sponte authority to reopen proceedings.

Can a person with a criminal record still reopen an immigration case?

Every case is different. Some individuals with old convictions may still qualify for immigration relief or waivers depending on the type of offense, rehabilitation, family ties, and other factors.

Can ICE detain someone while a motion to reopen is pending?

Yes. In some cases, ICE may continue detention unless release or bond is granted.

Disclaimer

If you have a similar immigration situation and would like to discuss possible options, it is important to consult with a qualified immigration attorney regarding the specific facts of your case.

Prior results do not guarantee future outcomes. Immigration cases are highly fact-specific, and every case depends on its own procedural history, evidence, and legal circumstances.