Motion to Reopen/Motion to Reconsider

A party may seek to file a motion to reopen with an Immigration Judge or the Board of Immigration Appeals (BIA) after a decision has been rendered in their case or appeal so that new facts or evidence may be considered. As a general rule, a motion to reopen must be filed within 90 days of an Immigration Judge’s final order or the BIA’s administrative decision, however, there are some exceptions to this rule. Only under very specific circumstances and exceptions can a party file outside the time limit or file more than one motion to reopen.

A motion to reconsider either identifies an error in law or fact in the Immigration Judge or BIA’s  prior decision, or identifies a change in law that affects an Immigration Judge’s or the BIA’s prior decision, and asks the Judge or BIA to reexamine the ruling or decision. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence. As a general rule, a motion to reconsider must be filed within 30 days of the final administrative ruling. Contact our office today to find out more.

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