A motion to reopen asks the Immigration Judge to consider new facts. A motion to reconsider points to errors of fact or law. Both carry strict time and number limits.
Generally one motion, filed within 90 days of the IJ's final order. It must state the new facts and include the application if it seeks new relief.
Generally one motion, filed within 30 days of the IJ's final administrative order. It must state with particularity the errors of fact or law.
The limits do not apply to certain asylum, withholding or CAT motions based on changed country conditions, or to joint motions agreed to by all parties.
Filing with the court does not automatically stay removal. In absentia orders have separate rescission rules. A fee or fee waiver request may be needed.
A motion to reopen asks the Immigration Judge to reopen a case to consider new facts, supported by affidavits or other evidence. A motion to reconsider asks the judge to reexamine the decision for errors of fact or law, stated with particularity. Both are filed with the Immigration Court and served on DHS.
Motions are subject to time and number limits, with narrow exceptions. A motion filed with the court does not automatically stay removal, except that removal is automatically stayed while the judge decides a motion to rescind an in absentia order.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
Many clients come in weeks after a final order, so the 30-day reconsider and 90-day reopen deadlines are already close when the case opens.
How Prima.Law helps: Workflow steps and tasks start from the final order date, so the reconsider and reopen deadlines show on the Case Management Board and in every team member's tasks.
The motion must state new facts and be backed by affidavits and records, and when it seeks new relief the full application must be attached.
How Prima.Law helps: The detailed, proven motion checklist, built by active immigration lawyers, lists affidavits, records and the relief application. Clients upload to it in the portal and staff mark items complete.
Staff need the hearing history, order date and case status to choose the right motion and avoid the one-motion limit, but records are scattered.
How Prima.Law helps: Import Immigration Court data from EOIR with the Chrome extension, then assemble the motion, exhibits and proof of service into a paginated package with an A-Number footer.
Workflow steps start from the final order date, so the 30-day reconsider and 90-day reopen windows show on the Case Management Board.
When reopening to seek relief, add the needed form, such as Form I-589, EOIR-42B or I-485, autofilled from the respondent's contact profile.
Clients upload the new evidence the motion relies on through the portal, and Smart Interviews capture updated facts for declarations.
Assemble the motion, proposed order, exhibits with table of contents and proof of service into one paginated PDF with an A-Number footer.
Note the final order date. Reconsider within 30 days and reopen within 90 days, unless an exception applies.
State the new facts or the specific errors, attach evidence and, for new relief, a copy of the application.
File with the Immigration Court with any fee or waiver request and proof of service. DHS may respond, generally within 10 days.
The Immigration Judge grants or denies the motion. Filing alone does not automatically stay removal.
Form EOIR-26 appeals to the BIA, with the 30-day deadline and briefs
Asylum, withholding of removal and CAT claims on Form I-589 in court
LPR and non-LPR cancellation on Forms EOIR-42A and EOIR-42B
All removal defense case types in Prima.Law.
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