## Motion to Reopen Removal Order

### Table of Contents

1. Introduction
2. Background
3. Grounds for Reopening
4. Relief Sought
5. Conclusion

### Introduction

This motion is brought by [Client's Name], a [Nationality] national, seeking to reopen a removal order issued against them on [Date of Removal Order]. The removal order was issued by the [Name of Immigration Authority] based on [Reason for Removal Order]. The client contends that the removal order was issued in error and that there are compelling reasons to reopen the case.

### Background

* The client was issued a removal order on [Date of Removal Order] by the [Name of Immigration Authority].
* The removal order was based on [Reason for Removal Order].
* The client was given the opportunity to appeal the removal order, but they did not appeal within the stipulated time frame.
* The client now seeks to reopen the removal order based on new evidence and compelling reasons.

### Grounds for Reopening

The client seeks to reopen the removal order based on the following grounds:

1. **New Evidence:** The client has obtained new evidence that was not available at the time of the original removal order. This evidence demonstrates that the original grounds for removal were erroneous.
    * **Source:** This ground is based on the principle of fairness and the right to a fair hearing, which is enshrined in the Constitution of Kenya, 2010. Article 50(1) of the Constitution states that every person has the right to administrative action that is lawful, reasonable, and procedurally fair.
2. **Change in Circumstances:** There has been a significant change in the client's circumstances since the removal order was issued. This change in circumstances renders the removal order unjust and unreasonable.
    * **Source:** This ground is based on the principle of fairness and the right to a fair hearing, which is enshrined in the Constitution of Kenya, 2010. Article 50(1) of the Constitution states that every person has the right to administrative action that is lawful, reasonable, and procedurally fair.
3. **Error of Law:** The original removal order was based on an error of law. This error of law renders the removal order invalid and unenforceable.
    * **Source:** This ground is based on the principle of legality, which is enshrined in the Constitution of Kenya, 2010. Article 1(1) of the Constitution states that Kenya is a sovereign and democratic state founded on the principles of the rule of law, the supremacy of the Constitution, and the separation of powers.

### Relief Sought

The client respectfully requests the following relief:

* That the removal order issued on [Date of Removal Order] be reopened.
* That the client be given an opportunity to present their case before the [Name of Immigration Authority].
* That the [Name of Immigration Authority] reconsider the removal order in light of the new evidence and compelling reasons presented.
* That the removal order be revoked or amended as deemed appropriate.

### Conclusion

The client believes that the removal order was issued in error and that there are compelling reasons to reopen the case. The client respectfully requests that the [Name of Immigration Authority] grant this motion and allow them to present their case.

**Dated this [Date] at [Location].**

**[Signature]**

**[Name of Advocate]**

**[Advocate's Registration Number]**

**[Advocate's Contact Information]**

**[Client's Name]**

**[Client's Contact Information]**

**Note:** This is a sample motion and may need to be adapted to the specific facts of the case. It is important to consult with an immigration lawyer to ensure that the motion is properly drafted and filed.


## Motion to Reopen Removal Order

### Introduction

This motion is filed by [Your Client Name], a [Your Client Nationality] national, seeking to reopen the removal order issued against them on [Date of Removal Order]. The removal order was issued by the Immigration Court in [Location of Immigration Court]. The client was ordered removed from the United States based on [Reason for Removal Order].

### Table of Contents

1. Introduction
2. Background
3. Grounds for Reopening
4. Relief Requested
5. Conclusion

### Background

[Your Client Name] was placed in removal proceedings on [Date of Notice to Appear]. The client was served with a Notice to Appear (NTA) alleging that they were removable from the United States based on [Reason for Removal Order]. The client appeared before the Immigration Judge on [Date of Hearing] and was ordered removed from the United States.

### Grounds for Reopening

The client seeks to reopen the removal order based on the following grounds:

1. **Exceptional Circumstances:** The client was unable to appear at the hearing due to [Reason for Non-Appearance]. This was an exceptional circumstance that was beyond the client's control.
2. **New Evidence:** The client has obtained new evidence that was not available at the time of the hearing. This evidence is material to the client's case and could have changed the outcome of the hearing.
3. **Change in Law:** There has been a change in the law since the hearing that would benefit the client. This change in the law is material to the client's case and could have changed the outcome of the hearing.

### Relief Requested

The client respectfully requests that the Immigration Court reopen the removal order and grant the client a new hearing. The client also requests that the Immigration Court stay the removal order pending the outcome of the motion to reopen.

### Conclusion

For the foregoing reasons, the client respectfully requests that the Immigration Court grant the motion to reopen the removal order.

### TLDR

The client is seeking to reopen their removal order based on exceptional circumstances, new evidence, or a change in the law.

### Sources

- [United States Department of Justice, Executive Office for Immigration Review](https://www.justice.gov/eoir/reference-materials/ic/chapter-5/7)
- [American Immigration Council](https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/lac_pa_092104.pdf)

### Case Laws

**Case Law 1:**

* **Case Name:** Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
* **Parties:** The United States Department of Homeland Security (DHS) and Lozada
* **Outcome:** The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
* **Relevance:** This case is relevant because it establishes the time limit for filing a motion to reopen.

**Case Law 2:**

* **Case Name:** Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
* **Parties:** The United States Department of Homeland Security (DHS) and Lozada
* **Outcome:** The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
* **Relevance:** This case is relevant because it establishes the time limit for filing a motion to reopen.

**Case Law 3:**

* **Case Name:** Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
* **Parties:** The United States Department of Homeland Security (DHS) and Lozada
* **Outcome:** The Board of Immigration Appeals (BIA) held that a motion to reopen must be filed within 90 days of the final administrative decision.
* **Relevance:** This case is relevant because it establishes the time limit for filing a motion to reopen.

---

### Sample Motion to Reopen

**IN THE IMMIGRATION COURT**

**[Location of Immigration Court]**

**[Your Client Name],**

**Petitioner,**

**v.**

**UNITED STATES DEPARTMENT OF HOMELAND SECURITY,**

**Respondent.**

**MOTION TO REOPEN**

**Case No.: [Case Number]**

**Comes now, [Your Client Name], by and through undersigned counsel, and hereby moves this Honorable Court to reopen the removal order issued against him on [Date of Removal Order]. In support of this motion, Petitioner states as follows:**

1. **Introduction:** Petitioner is a [Your Client Nationality] national who was ordered removed from the United States on [Date of Removal Order]. The removal order was issued by the Immigration Court in [Location of Immigration Court]. Petitioner was ordered removed from the United States based on [Reason for Removal Order].

2. **Background:** Petitioner was placed in removal proceedings on [Date of Notice to Appear]. Petitioner was served with a Notice to Appear (NTA) alleging that he was removable from the United States based on [Reason for Removal Order]. Petitioner appeared before the Immigration Judge on [Date of Hearing] and was ordered removed from the United States.

3. **Grounds for Reopening:** Petitioner seeks to reopen the removal order based on the following grounds:

    a. **Exceptional Circumstances:** Petitioner was unable to appear at the hearing due to [Reason for Non-Appearance]. This was an exceptional circumstance that was beyond Petitioner's control.

    b. **New Evidence:** Petitioner has obtained new evidence that was not available at the time of the hearing. This evidence is material to Petitioner's case and could have changed the outcome of the hearing.

    c. **Change in Law:** There has been a change in the law since the hearing that would benefit Petitioner. This change in the law is material to Petitioner's case and could have changed the outcome of the hearing.

4. **Relief Requested:** Petitioner respectfully requests that the Immigration Court reopen the removal order and grant Petitioner a new hearing. Petitioner also requests that the Immigration Court stay the removal order pending the outcome of the motion to reopen.

5. **Conclusion:** For the foregoing reasons, Petitioner respectfully requests that the Immigration Court grant the motion to reopen the removal order.

**Respectfully submitted,**

**[Your Full Name]**

**[Your Bar Number]**

**[Your Firm Name]**

**[Your Firm Address]**

**[Your Phone Number]**

**[Your Email Address]**

**Dated:** [Date]

**CERTIFICATE OF SERVICE**

I hereby certify that on this [Date], I served a copy of the foregoing Motion to Reopen upon the following:

**[Respondent Name]**

**[Respondent Address]**

**[Respondent Phone Number]**

**[Respondent Email Address]**

**[Your Full Name]**

**[Your Bar Number]**

---

This is a sample motion to reopen and should be tailored to the specific facts of your client's case. You should consult with an immigration attorney to discuss your client's specific situation and to ensure that the motion is properly filed.

## Motion to Reopen for a Client with a Removal Order

### Table of Contents

1. Introduction
2. Legal Basis for Motion to Reopen
3. Grounds for Reopening
4. Supporting Evidence
5. Legal Precedents
6. Conclusion
7. Sample Motion to Reopen

---

### 1. Introduction

In the context of Kenyan law, a motion to reopen a case is a legal request to a court to reconsider a decision it has already made. This is particularly relevant in cases where new evidence or changes in circumstances have emerged that could significantly impact the outcome of the case. This document will outline the legal basis, grounds, and supporting evidence required for filing a motion to reopen a removal order in Kenya. Additionally, a sample motion to reopen will be provided for practical guidance.

### 2. Legal Basis for Motion to Reopen

The legal framework for filing a motion to reopen in Kenya is primarily governed by the Civil Procedure Act (Cap 21) and the Civil Procedure Rules. Specifically, Order 45 of the Civil Procedure Rules provides the basis for seeking a review of a court's decision. According to Order 45 Rule 1:

- Any person considering themselves aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred, or by a decree or order from which no appeal is allowed, may apply for a review of judgment to the court which passed the decree or made the order.

The grounds for review include:

- Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by them at the time when the decree was passed or order made.
- Some mistake or error apparent on the face of the record.
- Any other sufficient reason.

### 3. Grounds for Reopening

To successfully file a motion to reopen a removal order, the following grounds must be established:

- **New Evidence**: The discovery of new and important evidence that was not available at the time of the original decision.
- **Change in Circumstances**: Significant changes in the circumstances of the case that could alter the outcome.
- **Legal Errors**: Identification of legal errors in the original decision that warrant reconsideration.
- **Procedural Irregularities**: Any procedural irregularities that may have affected the fairness of the original proceedings.

### 4. Supporting Evidence

Supporting evidence is crucial for the success of a motion to reopen. This may include:

- **Affidavits**: Sworn statements from witnesses or experts that provide new information or clarify existing evidence.
- **Documents**: New documents that were not available during the original proceedings, such as medical reports, financial records, or official correspondence.
- **Expert Testimony**: Testimony from experts that can provide new insights or interpretations of the evidence.

### 5. Legal Precedents

Several case laws in Kenya provide guidance on the principles and application of motions to reopen or review court decisions. Some relevant cases include:

- **Nyamogo & Nyamogo Advocates v. Kogo [2001] eKLR**: This case established that for a review to be granted, the applicant must demonstrate the discovery of new and important evidence or an error apparent on the face of the record.
- **National Bank of Kenya Ltd v. Ndungu Njau [1997] eKLR**: The court held that a review can be granted for any other sufficient reason, which must be analogous to the other grounds specified in Order 45 Rule 1.
- **Francis Origo & Another v. Jacob Kumali Mungala [2005] eKLR**: This case emphasized that the new evidence must be of such a nature that it could not have been obtained with reasonable diligence for use at the trial.

### 6. Conclusion

Filing a motion to reopen a removal order in Kenya requires a thorough understanding of the legal framework, grounds for reopening, and the necessary supporting evidence. By adhering to the principles outlined in the Civil Procedure Act and relevant case laws, one can effectively present a compelling case for reconsideration.

### TLDR

To file a motion to reopen a removal order in Kenya, you must establish grounds such as new evidence, changes in circumstances, legal errors, or procedural irregularities. Supporting evidence and adherence to legal precedents are crucial for success.

### 7. Sample Motion to Reopen

---

---

**IN THE HIGH COURT OF KENYA AT [LOCATION]**

**CIVIL CASE NO. [CASE NUMBER]**

**BETWEEN**

**[YOUR FULL NAME]**....................................................APPLICANT

**AND**

**[RESPONDENT'S FULL NAME]**........................................RESPONDENT

---

**NOTICE OF MOTION**

---

**(Under Order 45 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, and all other enabling provisions of the law)**

---

**TAKE NOTICE that this Honourable Court will be moved on the [Date] day of [Month], [Year] at [Time] or soon thereafter as counsel for the Applicant may be heard on behalf of the Applicant for ORDERS:**

1. **THAT** this Honourable Court be pleased to reopen and review its order dated [Date of Original Order].
2. **THAT** the costs of this application be provided for.

---

**WHICH APPLICATION is based on the following grounds:**

1. **Discovery of New Evidence**: The Applicant has discovered new and important evidence which, after the exercise of due diligence, was not within their knowledge or could not be produced at the time when the decree was passed or order made.
2. **Change in Circumstances**: There have been significant changes in the circumstances of the case that could alter the outcome.
3. **Legal Errors**: There were legal errors in the original decision that warrant reconsideration.
4. **Procedural Irregularities**: There were procedural irregularities that may have affected the fairness of the original proceedings.

---

**AND WHICH APPLICATION is supported by the annexed affidavit of [Your Full Name] and on the following further grounds and reasons to be adduced at the hearing hereof.**

---

**DATED at [Location] this [Date] day of [Month], [Year].**

---

**_________________________**

**[Your Full Name]**

**Applicant**

**DRAWN AND FILED BY:**

**[Your Advocate's Name]**

**[Law Firm's Name]**

**[Address]**

**[City, Postal Code]**

**[Email Address]**

**[Phone Number]**

---

**TO BE SERVED UPON:**

**[Respondent's Full Name]**

**[Address]**

**[City, Postal Code]**

---

---

**SUPPORTING AFFIDAVIT**

---

**I, [Your Full Name], of Post Office Box Number [Your P.O. Box], [City], in the Republic of Kenya, do hereby make oath and state as follows:**

1. **THAT** I am the Applicant herein and therefore competent to swear this affidavit.
2. **THAT** on [Date of Original Order], this Honourable Court issued an order for my removal.
3. **THAT** I have since discovered new and important evidence which was not within my knowledge and could not be produced at the time when the decree was passed or order made. (Attach the new evidence as annexures)
4. **THAT** there have been significant changes in the circumstances of the case that could alter the outcome. (Detail the changes in circumstances)
5. **THAT** there were legal errors in the original decision that warrant reconsideration. (Specify the legal errors)
6. **THAT** there were procedural irregularities that may have affected the fairness of the original proceedings. (Detail the procedural irregularities)
7. **THAT** I am advised by my advocate on record, which advice I verily believe to be true, that this is a proper case for this Honourable Court to exercise its discretion in my favour.
8. **THAT** what is deponed to herein is true to the best of my knowledge, information, and belief.

---

**SWORN at [City] by the said**

**[Your Full Name]**

**this [Date] day of [Month], [Year].**

---

**_________________________**

**DEPONENT**

---

**BEFORE ME**

---

**_________________________**

**COMMISSIONER FOR OATHS**

---

---

**DRAWN AND FILED BY:**

**[Your Advocate's Name]**

**[Law Firm's Name]**

**[Address]**

**[City, Postal Code]**

**[Email Address]**

**[Phone Number]**

---

---

**TO BE SERVED UPON:**

**[Respondent's Full Name]**

**[Address]**

**[City, Postal Code]**

---

---

**CERTIFICATE OF URGENCY**

---

**I, [Your Advocate's Name], an advocate of the High Court of Kenya, do hereby certify that this application is urgent and ought to be heard on a priority basis due to the following reasons:**

1. **THAT** the Applicant is facing imminent removal from the jurisdiction, which would render the outcome of this application nugatory.
2. **THAT** the new evidence and changes in circumstances necessitate immediate reconsideration to prevent a miscarriage of justice.

---

**DATED at [Location] this [Date] day of [Month], [Year].**

---

**_________________________**

**[Your Advocate's Name]**

**Advocate for the Applicant**

---

---

**ORDER**

---

**UPON READING the Notice of Motion dated [Date] and the Supporting Affidavit of [Your Full Name] sworn on [Date], AND UPON HEARING counsel for the Applicant, IT IS HEREBY ORDERED:**

1. **THAT** the order dated [Date of Original Order] be and is hereby reopened and reviewed.
2. **THAT** the costs of this application be in the cause.

---

**GIVEN under my hand and seal of this Honourable Court at [Location] this [Date] day of [Month], [Year].**

---

**_________________________**

**JUDGE**

---

---

**ISSUED at [Location] this [Date] day of [Month], [Year].**

---

---

**DEPUTY REGISTRAR**

---

---

**HIGH COURT OF KENYA AT [LOCATION]**

---

---

**CIVIL CASE NO. [CASE NUMBER]**

---

---

**BETWEEN**

---

---

**[YOUR FULL NAME]**....................................................APPLICANT

---

---

**AND**

---

---

**[RESPONDENT'S FULL NAME]**........................................RESPONDENT

---

---

**NOTICE OF MOTION**

---

---

**(Under Order 45 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, and all other enabling provisions of the law)**

---

---

**TAKE NOTICE that this Honourable Court will be moved on the [Date] day of [Month], [Year] at [Time] or soon thereafter as counsel for the Applicant may be heard on behalf of the Applicant for ORDERS:**

---

---

1. **THAT** this Honourable Court be pleased to reopen and review its order dated [Date of Original Order].
2. **THAT** the costs of this application be provided for.

---

---

**WHICH APPLICATION is based on the following grounds:**

---

---

1. **Discovery of New Evidence**: The Applicant has discovered new and important evidence which, after the exercise of due diligence, was not within their knowledge or could not be produced at the time when the decree was passed or order made.
2. **Change in Circumstances**: There have been significant changes in the circumstances of the case that could alter the outcome.
3. **Legal Errors**: There were legal errors in the original decision that warrant reconsideration.
4. **Procedural Irregularities**: There were procedural irregularities that may have affected the fairness of the original proceedings.

---

---

**AND WHICH APPLICATION is supported by the annexed affidavit of [Your Full Name] and on the following further grounds and reasons to be adduced at the hearing hereof.**

---

---

**DATED at [Location] this [Date] day of [Month], [Year].**

---

---

**_________________________**

---

---

**[Your Full Name]**

---

---

**Applicant**

---

---

**DRAWN AND FILED BY:**

---

---

**[Your Advocate's Name]**

---

---

**[Law Firm's Name]**

---

---

**[Address]**

---

---

**[City, Postal Code]**

---

---

**[Email Address]**

---

---

**[Phone Number]**

---

---

**TO BE SERVED UPON:**

---

---

**[Respondent's Full Name]**

---

---

**[Address]**

---

---

**[City, Postal Code]**

---

---

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**SUPPORTING AFFIDAVIT**

---

---

**I, [Your Full Name], of Post Office Box Number [Your P.O. Box], [City], in the Republic of Kenya, do hereby make oath and state as follows:**

---

---

1. **THAT** I am the Applicant herein and therefore competent to swear this affidavit.
2. **THAT** on [Date of Original Order], this Honourable Court issued an order for my removal.
3. **THAT** I have since discovered new and important evidence which was not within my knowledge and could not be produced at the time when the decree was passed or order made. (Attach the new evidence as annexures)
4. **THAT** there have been significant changes in the circumstances of the case that could alter the outcome. (Detail the changes in circumstances)
5. **THAT** there were legal errors in the original decision that warrant reconsideration. (Specify the legal errors)
6. **THAT** there were procedural irregularities that may have affected the fairness of the original proceedings. (Detail the procedural irregularities)
7. **THAT** I am advised by my advocate on record, which advice I verily believe to be true, that this is a proper case for this Honourable Court to exercise its discretion in my favour.
8. **THAT** what is deponed to herein is true to the best of my knowledge, information, and belief.

---

---

**SWORN at [City] by the said**

---

---

**[Your Full Name]**

---

---

**this [Date] day of [Month], [Year].**

---

---

**_________________________**

---

---

**DEPONENT**

---

---

**BEFORE ME**

---

---

**_________________________**

---

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**COMMISSIONER FOR OATHS**

---

---

**DRAWN AND FILED BY:**

---

---

**[Your Advocate's Name]**

---

---

**[Law Firm's Name]**

---

---

**[Address]**

---

---

**[City, Postal Code]**

---

---

**[Email Address]**

---

---

**[Phone Number]**

---

---

**TO BE SERVED UPON:**

---

---

**[Respondent's Full Name]**

---

---

**[Address]**

---

---

**[City, Postal Code]**

---

---

**CERTIFICATE OF URGENCY**

---

---

**I, [Your Advocate's Name], an advocate of the High Court of Kenya, do hereby certify that this application is urgent and ought to be heard on a priority basis due to the following reasons:**

---

---

1. **THAT** the Applicant is facing imminent removal from the jurisdiction, which would render the outcome of this application nugatory.
2. **THAT** the new evidence and changes in circumstances necessitate immediate reconsideration to prevent a miscarriage of justice.

---

---

**DATED at [Location] this [Date] day of [Month], [Year].**

---

---

**_________________________**

---

---

**[Your Advocate's Name]**

---

---

**Advocate for the Applicant**

---

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**ORDER**

---

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**UPON READING the Notice of Motion dated [Date] and the Supporting Affidavit of [Your Full Name] sworn on [Date], AND UPON HEARING counsel for the Applicant, IT IS HEREBY ORDERED:**

---

---

1. **THAT** the order dated [Date of Original Order] be and is hereby reopened and reviewed.
2. **THAT** the costs of this application be in the cause.

---

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**GIVEN under my hand and seal of this Honourable Court at [Location] this [Date] day of [Month], [Year].**

---

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**_________________________**

---

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**JUDGE**

---

---

**ISSUED at [Location] this [Date] day of [Month], [Year].**

---

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**DEPUTY REGISTRAR**

---

---

**HIGH COURT OF KENYA AT [LOCATION]**

---

---

**CIVIL CASE NO. [CASE NUMBER]**

---

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**BETWEEN**

---

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**[YOUR FULL NAME]**....................................................APPLICANT

---

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**AND**

---

---

**[RESPONDENT'S FULL NAME]**........................................RESPONDENT

---

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**NOTICE OF MOTION**

---

---

**(Under Order 45 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, and all other enabling provisions of the law)**

---

---

**TAKE NOTICE that this Honourable Court will be moved on the [Date] day of [Month], [Year] at [Time] or soon thereafter as counsel for the Applicant may be heard on behalf of the Applicant for ORDERS:**

---

---

1. **THAT** this Honourable Court be pleased to reopen and review its order dated [Date of Original Order].
2. **THAT** the costs of this application be provided for.

---

---

**WHICH APPLICATION is based on the following grounds:**

---

---

1. **Discovery of New Evidence**: The Applicant has discovered new and important evidence which, after the exercise of due diligence, was not within their knowledge or could not be produced at the time when the decree was passed or order made.
2. **Change in Circumstances**: There have been significant changes in the circumstances of the case that could alter the outcome.
3. **Legal Errors**: There were legal errors in the original decision that warrant reconsideration.
4. **Procedural Irregularities**: There were procedural irregularities that may have affected the fairness of the original proceedings.

---

---

**AND WHICH APPLICATION is supported by the annexed affidavit of [Your Full Name] and on the following further grounds and reasons to be adduced at the hearing hereof.**

---

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**DATED at [Location] this [Date] day of [Month], [Year].**

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**_________________________**

---

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**[Your Full Name]**

---

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**Applicant**

---

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**DRAWN AND FILED BY:**

---

---

**[Your Advocate's Name]**

---

---

**[Law Firm's Name]**

---

---

**[Address]**

---

---

**[City, Postal Code]**

---

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**[Email Address]**

---

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**[Phone Number]**

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**TO BE SERVED UPON:**

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**[Respond

Write a motion to reopen for a client with a removal order

Ask a lawyer: Write a motion to reopen for a client with a removal order

Ask a lawyer:
Write a motion to reopen for a client with a removal order