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Motions to Reopen and Reconsider

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.

Motion to Reopen

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.

Motion to Reconsider

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.

Key Exceptions

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.

Good to Know

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.

General Rules for Motions to Reopen and Reconsider

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.

Clients This Case Type Helps

  • People with a final removal order who now have new relief, such as an approved petition
  • Asylum seekers facing changed country conditions after a final order
  • People ordered removed in absentia who did not receive notice
  • Respondents who missed a hearing because of exceptional circumstances
  • Respondents whose decision contains a clear error of fact or law

General Qualifications

  • Motion to reopen: generally one motion, filed within 90 days of the Immigration Judge's final order.
  • Motion to reopen: states the new facts and is supported by affidavits or other evidentiary material.
  • Motion to reopen for relief: not granted if the respondent had a full chance to apply earlier, unless based on later circumstances.
  • Motion to reconsider: generally one motion, filed within 30 days of the final administrative order, with no exceptions for a noncitizen's motion.
  • Exceptions to reopen limits include asylum based on changed country conditions and joint motions with DHS.
  • In absentia order: rescission within 180 days for exceptional circumstances, or at any time for lack of notice or custody.

Consultation Screening Questions

  1. What is the date of the final order, and was it entered in person or in absentia?
  2. Have you or anyone on your behalf filed a motion to reopen or reconsider before?
  3. What has changed since the order: a new petition, new family, new evidence or new country conditions?
  4. Did you receive the hearing notice? Where were you living, and was your address on file current?
  5. Were you in custody or facing an emergency on the hearing date?
  6. Have you left the United States since the order, or been removed?
  7. Is there an appeal pending with the BIA or a federal court?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in Motions to Reopen

Clients Arrive Late in the Window

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.

New Evidence Must Be Proven

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.

Locating the Prior Court Record

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.

How Prima.Law Helps With Motions to Reopen

Deadline Workflow

Workflow steps start from the final order date, so the 30-day reconsider and 90-day reopen windows show on the Case Management Board.

Attach the Relief

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.

New Evidence Intake

Clients upload the new evidence the motion relies on through the portal, and Smart Interviews capture updated facts for declarations.

Motion Package

Assemble the motion, proposed order, exhibits with table of contents and proof of service into one paginated PDF with an A-Number footer.

Typical Forms and Evidence

How a Motion to Reopen Works

From final order to the IJ's ruling

01

Calendar the Order

Note the final order date. Reconsider within 30 days and reopen within 90 days, unless an exception applies.

02

Build the Motion

State the new facts or the specific errors, attach evidence and, for new relief, a copy of the application.

03

File and Serve

File with the Immigration Court with any fee or waiver request and proof of service. DHS may respond, generally within 10 days.

04

Decision

The Immigration Judge grants or denies the motion. Filing alone does not automatically stay removal.

Related Case Types

BIA Appeals

Form EOIR-26 appeals to the BIA, with the 30-day deadline and briefs

Defensive Asylum

Asylum, withholding of removal and CAT claims on Form I-589 in court

Cancellation of Removal

LPR and non-LPR cancellation on Forms EOIR-42A and EOIR-42B

Removal Defense

All removal defense case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles Motions to Reopen cases.

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