When do timelines for filing not apply in motion to reopen cases?

• A. When the case involves asylum claims
• B. Where the final order is in absentia
• C. When the alien is under 18 years of age
• D. When evidence is presented later

Answer: (B)

In the context of motions to reopen cases, the timelines for filing do not apply when the final order is in absentia. An in absentia order refers to a situation where a person is ordered removed because they did not appear for their scheduled immigration hearing. The law provides a specific exception for individuals who were not present during their hearing, allowing them to submit a motion to reopen without strict adherence to the usual filing deadlines. This acknowledgment of circumstances where the individual was unable to defend their case supports the notion of reopening, ensuring that individuals have the opportunity to present their claims even after missing their hearing.

As for other options, while they might involve special considerations, they do not have the same direct exemption from timeline requirements related to motions to reopen. For instance, asylum claims may have different procedural standards, but they still generally follow specific filing timelines. Similarly, the age of the alien or presentation of additional evidence might provide grounds for consideration but does not automatically exempt the filing from time limits imposed by immigration law.