Get Me to the BIA “on Time”: Strategies for Successful Late-Filed Motions to Reopen

Get Me to the BIA “on Time”: Strategies for Successful Late-Filed Motions to Reopen

Get Me to the BIA “on Time”: Strategies for Successful Late-Filed Motions to Reopen (Live Seminar & Recording)
02/27/2024 02:00 PM ET - 03:30 PM ET
Get Me to the BIA “on Time”: Strategies for Successful Late-Filed Motions to Reopen (Seminar Recording)
Live Event Date: 02/27/2024
Format Length CLE Eligible
Web Seminar 90 min. Yes

The INA establishes a 90-day deadline for filing motions to reopen with the Board of Immigration Appeals (BIA), but sometimes new avenues of relief or legal arguments regarding removability surface later. What options do attorneys have when a client provides new evidence after the 90-day deadline for a motion to reopen or when a client’s conviction is vacated after a final order? This intermediate seminar will provide guidance on how to maximize the chances for success when filing a motion to reopen beyond the statutory deadline.

Featured Topics:

  • When does equitable tolling apply?
  • How to establish that your client has acted with “due diligence”
  • When is prejudice required, and how do you prove it?
  • Best practices for changed country conditions motions
  • Sua sponte motions: Are they unicorns, or does the BIA really grant them?
  • Seeking a stay of removal

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

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  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
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To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.

Susan G. Roy (DL), AILA Removal Defense Section Steering Committee, Princeton Junction, NJ

Susan G. Roy began her legal career through the Department of Justice Attorney General Honors Program, as an Attorney Advisor at the Board of Immigration Appeals. She became an Assistant Chief Counsel and National Security Attorney for Immigration and Customs Enforcement. From 2008-2010, she served as an Immigration Judge in Newark, NJ. Sue then entered private practice and is a solo practitioner specializing in complex immigration cases. Sue is the Immediate Past Chair of the NJ Chapter of the American Immigration Lawyers Association (AILA) and is a past Chair of the NJ State Bar Association (NJSBA) Immigration Law Section. Sue is a member of the Round Table of Former Immigration Judges and has been a speaker and/or moderator on CLE panels for AILA national, regional and local conferences, as well as for the NJSBA, NYSBA, and Federal Bar Association. She is an Adjunct Professor at Rutgers University Law School, Newark, where she teaches Asylum Law.

Kevin A. Gregg, AILA Federal Court Litigation Section Steering Committee, San Diego, CA

Kevin A. Gregg is the San Diego partner of Kurzban Kurzban Tetzeli and Pratt P.A. He is also the host of the weekly immigration case law podcast Immigration Review. Prior to joining KKTP, Kevin clerked for a U.S. District Judge in the Southern District of Florida, and served as an Attorney Advisor in the San Diego Immigration Court.

Courtney Butler, AILA EOIR Liaison Committee, Denver, CO

Courtney Butler is a Senior Attorney with Palmer Polaski PC. She is past chair of the AILA Colorado Chapter (2021-2022) and is currently a member of the AILA National EOIR Liaison Committee and the AILA Colorado USCIS Liaison Committee. Ms. Butler received her JD from the University of Denver Sturm College of Law (2010), where she graduated first in her class.

Ben Winograd, Alexandria, VA

Ben Winograd is an attorney at the Immigrant & Refugee Appellate Center, LLC, in Alexandria, VA. He specializes in removal defense before the Board of Immigration Appeals and federal circuit courts, and is the author of IRAC’s Index of Unpublished Decisions of the Board of Immigration Appeals. Ben previously worked at the American Immigration Council, where he authored amicus briefs and practice advisories for immigration lawyers. Ben was the recipient of the 2017 Joseph Minsky Award for outstanding contributions made as a young lawyer in the field of immigration and nationality law.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.