What is the current state of the law on a motion to reopen an immigration case?

Generally if the cause of the alien's failure to appear relates to facts not before the immigration judge at the time of his decision, the petitioner may petition to have the case reopened. Matter of Haim, Interim Decision 3060 (BIA 1988). To accomplish this, petitioner must support the new facts by affidavits or other evidentiary material. 8 C.F.R. 103.5; INS v. Wang, 450 U.S. 139 (1981). If petitioner made that showing, the immigration judge must grant the motion. See 8 C.F.R. 3.1(b), 3.3.