Is a motion for a new trial on the basis of newly discovered evidence disfavored?

The distinction drawn by our case law is supported by an analysis of the interests served by the requirement of previously unavailable evidence. When a claim of asylum has already been litigated and denied, the requirement of previously unavailable evidence is consistent with our general rule of law. The motion to reopen in such a case can be analogized to a motion for a new trial on the basis of newly discovered evidence. See Doherty, 502 U.S. at 321-23, 112 S.Ct. at 724 (stating that motions to reopen are disfavored for the same reason as are motions for a new trial on the basis of newly discovered evidence); INS v. Abudu, 485 U.S. 94, 107, 108 S.Ct. 904, 913, 99 L.Ed.2d 90 (1988). Requiring newly discovered evidence in order to reopen a case that has been litigated on the merits can be said to advance the "strong public interest in bringing litigation to a close as promptly as is consistent with the interest in giving the adversaries a fair opportunity to develop and present their respective cases." Abudu, 485 U.S. at 107, 108 S.Ct. at 913. ⁸