David S. HarrisNationwide Immigration Appeals

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.

Free Consultation

Every day of the 30 counts. Call today.

Speak directly with the Law Office of David S. Harris. We will review your decision, confirm your deadline, and tell you honestly whether an appeal, a motion, or another option is your strongest path.

(786) 306-7278

Have this ready when you contact us

  • The immigration judge’s written decision or USCIS denial notice
  • Full name and A-number of everyone in the case
  • Date of the decision and the immigration court location
  • Any detention facility details and deportation officer name
  • Prior applications, notices, and hearing documents you have

Only a licensed attorney or a DOJ-accredited representative may represent you in immigration proceedings. Beware of “notarios” offering legal services.

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