RELAWCATIONU.S. IMMIGRATION LAWMotion to reopen a removal order
A motion to reopen asks an Immigration Judge or the Board of Immigration Appeals to consider new facts or evidence after a decision. The filing must be directed to the authority that controls the record, satisfy strict procedural rules, and explain why reopening is legally available.
Request a case assessment
Eligibility framework
Case preparation
An appeal challenges a decision through the appellate process. A motion to reconsider generally argues that the prior decision contained an error of law or fact on the existing record. A motion to reopen presents new facts supported by affidavits or other evidence. The substance—not merely the title—determines how EOIR treats the filing.
As a general rule, a motion to reopen before an Immigration Judge or the BIA is due within 90 days and only one motion is permitted. A motion to reconsider generally has a 30-day deadline. Exceptions are specific, so the first task is to identify the controlling order, forum, and legal basis rather than selecting a label.
A person ordered removed after missing a hearing may seek reopening and rescission based on the reason for nonappearance. A claim of exceptional circumstances generally must be filed within 180 days of the in absentia order. A motion based on lack of proper notice—or qualifying custody through no fault of the respondent—may be filed at any time under the governing rules.
The motion should prove more than a conclusion. Hearing notices, address history, mailing evidence, detention records, medical records, declarations, prior attendance, prompt efforts to learn what happened, and eligibility for relief may all matter. The exact statute and procedure can depend on when and under what form of proceedings the order was entered.
Time and number limits may not apply to a motion seeking asylum, withholding of removal, or Convention Against Torture protection based on material changed country conditions that arose in the country of nationality or designated removal and could not have been discovered or presented earlier. Personal changes alone should not be confused with the required country-condition showing.
Filing a motion to reopen generally does not automatically stay removal. One important exception applies to a motion filed with the Immigration Court to reopen and rescind an in absentia order in removal proceedings: removal is automatically stayed while the Immigration Judge decides that motion. Other procedural settings require separate analysis, and a stay may require a distinct, properly supported request. Reopening also does not grant the underlying immigration benefit; it restores proceedings so the requested relief can be adjudicated.
Important
Do not assume that an old order is harmless, that a late motion will be excused, or that filing prevents removal. Court jurisdiction, service history, prior appeals, departures, detention, statutory exceptions, equitable arguments, and current enforcement posture can change both the remedy and the urgency.
Official reference: EOIR Policy Manual — Motions to ReopenQuestions clients ask
It asks the Immigration Judge or BIA to reopen completed proceedings to consider new, material facts or evidence supported by appropriate documentation.
The general rule is 90 days after the final administrative order, with one motion permitted. Specific statutory, regulatory, and equitable exceptions may apply.
Potentially. Exceptional circumstances generally carry a 180-day deadline, while lack of proper notice and certain custody-based claims may be raised at any time under the governing rules.
They can be when the motion seeks asylum, withholding, or Convention Against Torture protection and the new country evidence is material and was previously unavailable.
Generally no. However, filing a motion with the Immigration Court to reopen and rescind an in absentia order in removal proceedings automatically stays removal while the Immigration Judge decides the motion. The order, type of proceedings, and filing basis must be checked; other situations may require a separate stay request.
Usually with the Immigration Court or BIA that has jurisdiction over the record. The procedural history must be checked before filing.
Talk through the facts
For an initial inquiry, briefly describe:
A short summary is enough. Send no passport numbers or confidential documents.
Initial contact does not create an attorney-client relationship. Case acceptance follows conflict and scope review.