Practice Alert & Template Motions: Construing the Reopening Limitation in the Reinstatement Statute

On May 7, 2024, in Suate-Orellana v. Garland, No. 19-72446, 101 F.4th 624, 2024 WL 2004951 (9th Cir. 2024) held that the reopening limitation in the reinstatement statute, 8 U.S.C. § 1231(a)(5), is a non-jurisdictional claim-processing rule, subject to waiver and forfeiture. NILA’s newly issued practice alert addresses the decision and is accompanied by two template motions based on Suate-Oreellana – a motion to reconsider and a motion to reopen – in Word that are downloadable. These motions are Ninth-Circuit specific but can be modified for filing in cases outside of the Ninth Circuit. Note that, ideally, motions to reconsider should be filed by June 6, 2024, and motions to reopen should be filed by August 5, 2024. Like all NILA advisories and templates, the alert and template motions are available on the of our website: https://immigrationlitigation.org/practice-advisories/.

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