What is required for a motion to reopen based on new evidence?

• A. The evidence must be publicly available
• B. The evidence must not have been available at the time of the hearing
• C. The evidence must have already been submitted
• D. New evidence must relate to the immigration judge only

Answer: (B)

A motion to reopen based on new evidence requires that the evidence must not have been available at the time of the hearing. This is crucial because a motion to reopen is predicated on the idea that new facts or information have come to light since the original decision was made, which could potentially affect the outcome of the case. If the evidence was available at the time of the hearing but simply not presented, the motion would not meet the necessary criteria, as the court expects parties to introduce all relevant evidence during the initial proceedings. This stipulation ensures that the legal process is efficient and maintains the integrity of the judicial system by preventing parties from revisiting issues that could have been addressed originally.