Nationwide Immigration Appeals
Motions to Reopen & Motions to Reconsider
A motion asks the same court or Board that decided your case to look at it again. A motion to reopen is based on new facts or evidence that was not available before. A motion to reconsider argues that the decision got the law or the facts wrong on the existing record.
Motions are often the only path left after an appeal deadline has passed — and in some situations they are stronger than an appeal even when an appeal is still available.
Situations where a motion may work
- You were ordered removed in absentia because you never received notice of the hearing
- You missed a hearing because of exceptional circumstances
- Conditions in your home country have changed and support a new fear claim
- A prior attorney or preparer failed you (ineffective assistance of counsel)
- You became eligible for relief after the order, such as through a family petition
- The decision contains a clear legal error
Ineffective assistance of counsel
If a former lawyer missed a deadline or failed to present your case, the Board generally requires specific steps before it will reopen: a detailed declaration, notice to the prior attorney, and a statement about whether a bar complaint was filed. Done correctly, these claims can also support extending the normal time limits.
Stays of removal
Filing a motion does not by itself stop a removal in most cases. When removal is imminent, we request a stay at the same time we file the motion.
Questions about motions to reopen or reconsider
My deadline to appeal passed. Is there anything I can do?
Often, yes. Depending on why the deadline passed and what has changed, a motion to reopen or reconsider may still be possible. Some exceptions have no fixed deadline at all.
How many motions can I file?
Generally one motion to reopen and one motion to reconsider. Several exceptions are not counted against that limit, which is one reason to have an attorney evaluate the history of your case.