RELAWCATIONU.S. IMMIGRATION LAWMotion to reconsider an immigration order
A motion to reconsider asks an Immigration Judge or the Board of Immigration Appeals to reexamine a ruling because the decision contains an error of law or fact, or because a relevant change in law affects the result. It is decided on the existing record and is governed by strict filing, jurisdiction, and deadline rules.
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Reconsideration is directed at an error of law or fact in the prior ruling, or a relevant change in law. The motion must state the claimed error with particularity and support it with citations to legal authority and the existing record. It is not the correct vehicle for presenting new facts or evidence.
If the case depends on newly available evidence, changed country conditions, a vacated conviction, or facts that were not previously in the record, a motion to reopen may be the appropriate procedure. When an appeal is already pending, a filing directed to the BIA may instead be treated under the rules governing remand.
For both Immigration Judge and BIA decisions, the general rule is that a motion to reconsider must be filed within 30 days and that a party may file only one such motion. EOIR states that an individual generally has no regulatory exception to these time and number limits, subject to any exception created by statute, published case law, regulation, or another applicable legal rule.
The proper forum follows the procedural posture. After an appeal has been filed with the BIA, the Immigration Judge no longer has jurisdiction over the case. A motion filed with the wrong tribunal, or one that reaches the court after the deadline, can fail without consideration of the underlying argument.
Filing a motion to reconsider before the appeal deadline does not stay or extend the time to appeal. Counsel must therefore evaluate whether an appeal and a motion are both implicated, what each filing can accomplish, and how to avoid forfeiting review while one request remains pending.
A motion to reconsider also does not automatically stay a removal or deportation order. Stay protection requires separate analysis and may require a distinct request. Granting reconsideration means the tribunal will reexamine its ruling; it does not guarantee a favorable ultimate result.
Important
A disagreement with the result is not enough. The motion must identify a reviewable error with precision, use the correct procedural vehicle, reach the tribunal with jurisdiction on time, and preserve any separate appeal or stay issue.
Official reference: EOIR Policy Manual — Motions to ReconsiderQuestions clients ask
It identifies a specific error of law or fact in the prior decision, or a relevant change in law, using the existing record.
The general EOIR rule is 30 days after the Immigration Judge’s final administrative order or the BIA’s decision.
Reconsideration is based on the existing record. A motion to reopen is generally the vehicle for material new facts or evidence.
No. Filing a motion to reconsider does not stay or extend the deadline for an appeal.
Generally no. A separate stay analysis and, where available, a separate stay request may be required.
It depends on which tribunal issued the controlling decision and whether an appeal is pending. Jurisdiction must be confirmed from the procedural record.
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