Unlimited Sua Sponte Motions

Summary

In immigration court, there is no numerical limit on filing sua sponte motions to reopen. The court has discretionary power to reopen cases on its own initiative, as per 8 CFR § 1003.23(b)(1). This regulation allows an Immigration Judge to reopen or reconsider any case at any time on their own initiative. Success in filing such motions depends on the specifics of the case.

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In immigration court, you generally can only file one motion to reopen. Is that true for a sua sponte motion to reopen? Can I file a second sua sponte motion to reopen?
Hi ****! In immigration court, a sua sponte motion to reopen is different from a standard motion to reopen. The court has discretionary power to reopen a case on its own initiative (sua sponte), and there is no limit on the number of sua sponte motions you can file. However, success depends on the specifics of your case.
Is there a specific reason you want to file a second sua sponte motion to reopen?
Can you cite the legal authority saying there is no numerical limit on the sua sponte motion to reopen?
Hi ****! The authority for the court's discretionary power to reopen a case sua sponte is found in:
- * CFR § *.*(b)(*), which states that the Immigration Judge may at any time reopen or reconsider any case in which they have made a decision, on their own initiative.
Do you need further assistance with your case specifics?