If an immigration judge has entered a decision, you may be wondering whether new facts or evidence can still be considered. In certain situations, a Motion to Reopen asks the immigration court or the Board of Immigration Appeals (BIA) to reopen a completed case so qualifying new information can be reviewed.
Motions to reopen have strict requirements. The deadline, the authority that issued the decision, the available evidence, and the reason for the request all matter. Filing does not automatically pause a removal order or guarantee that the case will be reopened. E-Z Immigration can review the case history, explain potential options, and help prepare a motion when the facts and law support one.
A Motion to Reopen asks the authority that decided the case to consider qualifying new information.
Understanding the Motion
A Motion to Reopen asks the immigration authority that decided a case to reopen proceedings based on new facts supported by affidavits or other evidence. The information generally must be material, previously unavailable, and not reasonably discoverable or presentable earlier.
In removal proceedings, the motion is usually filed with the immigration judge or the Board of Immigration Appeals (BIA), depending on which authority has jurisdiction. A motion may seek to present new evidence, pursue relief that was not previously available, or address an order entered after the person did not appear.
The legal standards and deadlines vary with the type of case and reason for reopening. A Motion to Reopen relies on new facts or evidence; a Motion to Reconsider generally argues that the prior decision contained an error based on the existing record. An appeal or stay request may need separate consideration.
Filing does not automatically pause removal. A Motion to Reopen does not guarantee that proceedings will be reopened. The decision, filing deadline, jurisdiction, and supporting evidence should be reviewed promptly.
Two Different Legal Requests
Both motions ask an immigration authority to revisit a prior decision, but they rely on different grounds and have different filing requirements and deadlines.
A Motion to Reopen generally asks the authority to consider new facts or evidence that may affect the case. The motion must meet the applicable requirements for materiality, availability, and supporting documentation.
A Motion to Reconsider generally argues that the prior decision contained an error of law or fact based on the record that was already before the authority.
The appropriate procedure depends on the case. The motions have different requirements and deadlines. In some situations, an appeal or a separate request for a stay may also need consideration. Reviewing the decision and procedural history can help identify which options may be relevant.
Possible Grounds to Review
The reason for reopening and the procedural history help determine whether a motion may be available. New information must meet applicable legal requirements, and exceptions to filing limits are narrow and fact-specific.
A motion may be considered when material facts or evidence could not have been discovered or presented earlier with reasonable diligence. The new information must support the legal basis for reopening.
Changed circumstances may be relevant to some requests for relief. Certain asylum-related motions based on changed conditions in the person’s country of nationality may follow specific rules and evidence requirements.
If an order was entered after a missed hearing, the notice provided, the reason for the absence, and the date of the order may affect whether a motion to rescind can be pursued.
Some motions may fall under exceptions to the usual time or number limits, including certain changed-country-conditions motions or motions to rescind an in absentia order. Exceptions have specific legal requirements.
Timing and procedure matter. The type of notice, reason for a missed hearing, date of the decision, prior filings, and authority with jurisdiction may all affect the available options. Have the order and case history reviewed promptly.
Case Review and Motion Support
A Motion to Reopen must address the applicable legal basis, evidence, deadlines, and filing procedure. We review the record and help clients understand what may be relevant to their case.
We review the immigration judge or BIA decision, hearing history, filings, evidence, and notices to understand the case and which authority may have jurisdiction over a motion.
Many motions are subject to a 90-day deadline and a one-motion limit, though exceptions may apply. We examine the decision date, prior filings, and proposed grounds to identify relevant timing questions.
We help assess whether proposed information may be material, was previously unavailable, and can be supported with records, affidavits, or other evidence.
For an order entered after a missed hearing, we review hearing notices, address and mail history, the reason for the absence, and relevant medical or emergency records to assess possible next steps.
When a motion is appropriate, we help prepare the written request, organize affidavits and exhibits, and follow applicable filing and service requirements for the immigration court or BIA.
Filing generally does not automatically stop removal. We review whether a separate stay request or another urgent step may be appropriate and help clients understand notices and next steps after filing.
Case-specific review is essential. Deadlines, exceptions, jurisdiction, and procedures depend on the decision and circumstances. Filing a motion does not guarantee reopening or automatically stay removal.
Building the Supporting Record
The records needed for a Motion to Reopen depend on the legal basis for the request. Evidence should relate directly to the new facts, notice issue, or other grounds being raised.
Translation and filing rules may apply. Documents in a foreign language generally need certified English translations under applicable filing requirements. The evidence and format should be checked against the rules for the court or authority handling the motion.
Typical Motion Steps
A Motion to Reopen involves reviewing the prior case record, identifying a legal basis, and following the filing rules that apply to the authority handling the case. The exact requirements depend on the decision and circumstances.
Collect the written decision, hearing notices, prior filings, and available court record. Determine whether the immigration judge or BIA issued the decision and which authority may consider a motion.
Clarify the new facts or evidence supporting reopening and calculate the applicable filing deadline. The general rule is often 90 days, but specific motions may have different rules or exceptions.
Obtain affidavits, records, and other documents that support the new facts and explain why the information was unavailable earlier, when required. For a missed hearing, gather information about notice and the reason for nonappearance.
Prepare the written request with applicable arguments, supporting evidence, any required fee or fee-waiver request, and proof of service. Filing location and procedure depend on the case’s procedural posture.
A Motion to Reopen generally does not automatically stay removal. If removal is a concern, promptly determine whether a separate stay request or other emergency relief may be available.
The immigration authority may grant or deny the motion or request further action. If the case is reopened, the person must attend future hearings and follow court instructions. Reopening does not itself grant immigration status or relief.
Filing is not an automatic stay. If a removal order is in effect, the need for separate stay relief should be reviewed promptly. Filing a Motion to Reopen does not guarantee that the case will be reopened or that removal will be paused.
Know the Timing Rules
Motions to reopen are generally subject to a filing deadline and a limit on the number of motions. Certain situations may have different rules, so the order and reason for the request should be reviewed promptly.
As a general rule, a motion before the immigration court or BIA must be filed within 90 days of the final order. The general limit is one motion to reopen, subject to exceptions.
A motion seeking to rescind an in absentia removal order based on exceptional circumstances generally has a 180-day deadline. The circumstances and supporting proof must meet applicable requirements.
A motion based on lack of proper notice may be subject to a different rule and, under applicable provisions, may be filed at any time. The notice record and case details matter.
These are general descriptions, not a deadline calculation for an individual case. Different rules may apply based on the proceeding, the order, the authority that issued it, and the grounds for reopening. Missing a deadline can affect available options, so have the decision and notices reviewed promptly.
Careful Post-Decision Review
A motion must do more than repeat arguments from the original case. It needs to identify the new facts, explain why they matter, and satisfy the procedural rules that apply. In a missed-hearing case, notice and the reason for the absence may be central. We help organize the record and assess which procedure may fit the facts.
We can help you:
Review the immigration decision and procedural history.
Identify the authority that may have jurisdiction and potential filing deadlines.
Assess whether new evidence may support reopening.
Organize affidavits, records, and supporting exhibits.
Understand the effect of filing on removal and whether a stay may need to be considered.
The immigration judge or BIA decides whether to reopen a case. Filing a motion does not guarantee reopening, a stay, or a favorable result in the underlying proceedings.
Motion to Reopen Questions
Deadlines, exceptions, and procedures depend on the decision and facts of the case. These answers provide general information; a case-specific review may be needed.
Ask About Your CaseIt is a request to reopen a decided case so the immigration judge or BIA can consider new facts or evidence. The motion must meet applicable legal, evidentiary, and filing requirements.
The general rule is 90 days from the final order, with a one-motion limit. Exceptions exist for certain types of motions, so the deadline should be reviewed based on the decision and grounds for reopening.
In some cases, a person may file a motion to rescind an in absentia order. The available basis and deadline may depend on whether the person lacked proper notice, had exceptional circumstances, or was in government custody, among other requirements.
Usually, filing a motion does not automatically stay removal. A separate stay request may be needed, and whether it is available depends on the case and the authority considering the motion.
Reopening is generally based on new facts or evidence. Reconsideration asks the authority to correct an alleged error of law or fact in the existing record. Deadlines and requirements differ.
The general rule limits a person to one motion to reopen, but specific exceptions may apply. The history of prior motions and the legal basis should be reviewed carefully.
Changed country conditions may support certain motions to pursue asylum-related protection if the evidence is material and meets legal requirements. This exception has specific rules and does not apply to every change or case.
The case is reopened so further proceedings can take place. Reopening does not itself grant asylum, cancellation, lawful status, or another form of relief. The person must continue the case and attend scheduled hearings.
E-Z Immigration can review the decision, assess potential grounds and deadlines, organize supporting evidence, and help prepare a motion when appropriate. Contact us promptly, especially if there is an outstanding removal order or a recent missed hearing.
If new evidence has come to light or an order was entered after a missed hearing, it is important to review the decision and filing deadlines as soon as possible.
E-Z Immigration can examine the case history, explain whether a Motion to Reopen may be available, and discuss potential next steps.
Disclaimer: This page provides general information and does not constitute legal advice. Motion deadlines, exceptions, jurisdiction, and procedures depend on the specific case and applicable law, which may change. Filing a motion does not automatically stay removal or guarantee reopening. Services provided depend on the specific engagement and applicable professional qualifications.
