Motion to Reopen or Reconsider (EOIR/BIA)

MOTION TO REOPEN OR RECONSIDER

Before the Immigration Court (EOIR) or Board of Immigration Appeals (BIA)

PART I: CASE INFORMATION SUMMARY

Respondent Name: [________________________________]

Alien Registration Number (A#): [________________________________]

Date of Birth: [__/__/____]

Country of Citizenship: [________________________________]

Type of Motion:

☐ Motion to Reopen (INA § 240(c)(7); 8 C.F.R. § 1003.23(b) / § 1003.2(c))
☐ Motion to Reconsider (INA § 240(c)(6); 8 C.F.R. § 1003.23(b) / § 1003.2(b))
☐ Joint Motion to Reopen (with DHS consent)

Forum for Filing:

☐ Immigration Court (IJ) — 8 C.F.R. § 1003.23
☐ Board of Immigration Appeals (BIA) — 8 C.F.R. § 1003.2

Immigration Judge (if filing with IJ): Hon. [________________________________]

Immigration Court Location: [________________________________]

Date of Final Order: [__/__/____]

Type of Order:

☐ Order of Removal (on the merits)
☐ In Absentia Order of Removal
☐ Order Denying Relief (specify): [________________________________]
☐ Voluntary Departure Order
☐ BIA Decision (dismissing appeal / denying motion)
☐ Other: [________________________________]

Filing Deadline:

☐ Motion to Reopen: 90 days from final order = [__/__/____]
☐ Motion to Reconsider: 30 days from final order = [__/__/____]
☐ Exception to deadline applies (specify below)

Stay of Removal Requested: ☐ Yes ☐ No

Respondent Currently in the United States: ☐ Yes ☐ No

Respondent Detained: ☐ Yes — Facility: [________________________________] ☐ No

PART II: BASIS FOR MOTION

A. Motion to Reopen — Check All Applicable Bases

☐ New, material, previously unavailable evidence — Evidence that was not available and could not have been discovered or presented at the former hearing. INA § 240(c)(7)(B); 8 C.F.R. § 1003.23(b)(3) / § 1003.2(c)(1).

☐ Changed country conditions — Material changes in conditions in the country of nationality or the country to which removal has been ordered, arising after the hearing. INA § 240(c)(7)(C)(ii). (No time or number limit on motions based on changed country conditions for asylum, withholding, or CAT claims.)

☐ In absentia order — lack of proper notice — Respondent did not receive proper notice of the hearing. INA § 240(b)(5)(C)(ii). (No time limit.)

☐ In absentia order — exceptional circumstances — Respondent failed to appear due to exceptional circumstances beyond the alien's control. INA § 240(b)(5)(C)(i). (Must be filed within 180 days of the order, or at any time if lack of notice.)

☐ Ineffective assistance of counsel — Prior counsel's performance was deficient and prejudiced the outcome. Matter of Lozada, 19 I&N Dec. 637 (BIA 1988). (Subject to equitable tolling of the 90-day deadline.)

☐ VAWA self-petitioner — Battered spouse, child, or parent. INA § 240(c)(7)(C)(iv). (No time limit; may file one additional motion beyond the one-motion limit.)

☐ Joint motion with DHS — Filed with DHS consent or stipulation. INA § 240(c)(7)(A). (No time or number limit on joint motions.)

☐ Sua sponte reopening — Request that the IJ or BIA exercise sua sponte authority to reopen in the interest of justice. 8 C.F.R. § 1003.23(b)(1) / § 1003.2(a). (No time or number limit, but granted only in exceptional circumstances.)

☐ Post-departure motion to reopen — Respondent has departed but seeks reopening. (Consult circuit law; some circuits permit, others restrict.)

☐ Other statutory or regulatory basis: [________________________________]

B. Motion to Reconsider — Check All Applicable Bases

☐ Errors of law — The prior decision was based on an incorrect application of law or legal standard. INA § 240(c)(6)(B).

☐ Errors of fact — The prior decision was based on incorrect factual findings or misapprehension of the record.

☐ Intervening change in law — A new statute, regulation, or precedent decision issued after the prior order affects the outcome.

☐ Misapplication of legal standard — The IJ or BIA applied the wrong legal test or burden of proof.

PART III: DEADLINE AND FILING RULES — DETAILED REFERENCE

A. Filing Deadlines

B. Number Limitations

C. Equitable Tolling

The 90-day (reopen) and 30-day (reconsider) deadlines may be equitably tolled where:

1. The respondent exercised due diligence in pursuing the claim
2. Extraordinary circumstances prevented timely filing

Common bases for equitable tolling:

• Ineffective assistance of counsel (including fraud by notarios)
• Defective notice (NTA or hearing notice not properly served)
• Mental incompetency
• Fraud or deception by counsel or third party

See Pervaiz v. Gonzales, 405 F.3d 488 (7th Cir. 2005); Iturribarria v. INS, 321 F.3d 889 (9th Cir. 2003).

D. Filing Location and Method

If filing with the Immigration Court (IJ has jurisdiction):

Immigration Court
[________________________________]
[________________________________]

☐ Via ECAS (preferred if available)
☐ Via mail to the court address
☐ Via hand delivery (per local standing orders)

If filing with the BIA (BIA has jurisdiction):

Board of Immigration Appeals
Clerk's Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

☐ Via ECAS
☐ Via mail
☐ Via hand delivery

JURISDICTION NOTE: File with the IJ if the case was not appealed to the BIA or if the BIA remanded the case. File with the BIA if the case was decided by the BIA on appeal. See 8 C.F.R. § 1003.23(b)(1); § 1003.2(a).

E. Filing Fee

• Motion to Reopen filing fee: $1,045 (before IJ, eff. July 4, 2025, per OBBBA/HR-1); $1,010 (before BIA)
• Motion to Reconsider filing fee: $1,045 (before IJ, eff. July 4, 2025, per OBBBA/HR-1); $1,010 (before BIA)
• Fee Waiver: File Form EOIR-26A (BIA) or request fee waiver per local IJ procedures
• Joint motions may have different fee requirements; confirm with the court

NOTE: EOIR fees are subject to annual inflation adjustments starting FY 2026. Verify the current fee schedule at https://www.justice.gov/eoir/eoir-forms before filing.

PART IV: MOTION BODY — TEMPLATE

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

☐ IMMIGRATION COURT, [________________________________]
☐ BOARD OF IMMIGRATION APPEALS

In the Matter of:

[RESPONDENT NAME]
A# [________________________________]

IN REMOVAL PROCEEDINGS

RESPONDENT'S MOTION TO [REOPEN / RECONSIDER]

I. INTRODUCTION

Respondent, [________________________________], by and through undersigned counsel, respectfully files this Motion to [Reopen / Reconsider] pursuant to [INA § 240(c)(7) / INA § 240(c)(6)] and [8 C.F.R. § 1003.23(b) / 8 C.F.R. § 1003.2], and in support thereof states as follows:

On [__/__/____], the [Immigration Judge / Board of Immigration Appeals] entered an order [denying Respondent's application for __________________ / ordering Respondent removed to __________________ / dismissing Respondent's appeal]. This motion is [timely filed within the [90-day / 30-day] deadline / filed pursuant to the [changed country conditions / lack of notice / VAWA / joint motion / equitable tolling / sua sponte] exception to the filing deadline].

Respondent seeks [reopening to apply for __________________ based on new, material, previously unavailable evidence / reconsideration based on errors of law or fact in the prior decision]. A stay of removal [is / is not] requested.

II. PROCEDURAL HISTORY

On [__/__/____], DHS issued a Notice to Appear (NTA) charging Respondent with removability under INA § [________________________________].

On [__/__/____], Respondent appeared before Immigration Judge [________________________________] in [________________________________].

On [__/__/____], Respondent [filed an application for ________________________________ / presented testimony and evidence regarding ________________________________].

On [__/__/____], the Immigration Judge [denied the application for ________________________________ / ordered Respondent removed / entered an in absentia order of removal].

[If appealed to BIA:] On [__/__/____], Respondent filed an appeal to the BIA. On [__/__/____], the BIA [dismissed the appeal / remanded the case / sustained the appeal in part].

The present motion is filed on [__/__/____], which is [within 90 days of the final order / within 30 days of the final order / beyond the standard deadline but subject to the following exception: ________________________________].

III. JURISDICTION

[The Immigration Court / The Board of Immigration Appeals] has jurisdiction over this motion pursuant to [8 C.F.R. § 1003.23 / 8 C.F.R. § 1003.2].

[For IJ:] The Immigration Court retains jurisdiction because [the case was not appealed to the BIA / the BIA remanded the case to the Immigration Court / the case was administratively closed and is being reopened].

[For BIA:] The Board has jurisdiction because [the BIA issued the final order on appeal / the BIA dismissed the prior appeal on ________________________________].

IV. LEGAL STANDARD

A. Motion to Reopen

A motion to reopen must be filed within 90 days of the final administrative order and is generally limited to one motion. INA § 240(c)(7)(A), (C)(i). The motion must state the new facts that will be proven at a hearing and must be supported by affidavits or other evidentiary material. INA § 240(c)(7)(B). The evidence must be material, was not available, and could not have been discovered or presented at the former hearing. 8 C.F.R. § 1003.23(b)(3).

The movant must also establish prima facie eligibility for the relief sought — that is, the new evidence, if true, would likely change the result of the case. See Matter of Coelho, 20 I&N Dec. 464, 472-73 (BIA 1992).

Exceptions to the time and number limitations:

• Changed country conditions: No time or number limit applies to a motion to reopen based on changed country conditions in the applicant's country of nationality, where the motion is filed to apply for asylum, withholding of removal, or CAT protection. INA § 240(c)(7)(C)(ii). The movant must show conditions have materially changed since the prior hearing.

• In absentia rescission: A removal order entered in absentia may be rescinded upon a motion to reopen filed (1) within 180 days if the failure to appear was due to exceptional circumstances beyond the alien's control, or (2) at any time if the alien demonstrates a lack of proper notice. INA § 240(b)(5)(C).

• Joint motion: No time or number limit applies to a joint motion filed with the agreement of DHS. INA § 240(c)(7)(A).

• VAWA: A VAWA self-petitioner may file one additional motion to reopen without time limitation. INA § 240(c)(7)(C)(iv).

B. Motion to Reconsider

A motion to reconsider must be filed within 30 days of the final decision and is limited to one motion. INA § 240(c)(6). The motion must identify the errors of law or fact in the previous order and must be supported by pertinent authority. 8 C.F.R. § 1003.23(b)(2) / § 1003.2(b)(1).

A motion to reconsider is not an opportunity to present new evidence or relitigate the merits. Rather, it asks the adjudicator to re-examine its prior decision based on the existing record and applicable law.

C. Sua Sponte Reopening

The Immigration Court and BIA retain sua sponte authority to reopen or reconsider proceedings at any time. 8 C.F.R. § 1003.23(b)(1) / § 1003.2(a). However, this authority is exercised only in exceptional situations and is generally unreviewable by the federal courts. See Matter of J-J-, 21 I&N Dec. 976 (BIA 1997).

V. TIMELINESS

This motion is timely because:

☐ It is filed within 90 days of the final order (for motion to reopen). The final order was entered on [__/__/____] and this motion is filed on [__/__/____], which is [____] days from the final order.

☐ It is filed within 30 days of the final order (for motion to reconsider). The final order was entered on [__/__/____] and this motion is filed on [__/__/____], which is [____] days from the final order.

☐ The time and number limitations do not apply because this motion is based on changed country conditions. INA § 240(c)(7)(C)(ii).

☐ The time limitation does not apply because this motion seeks rescission of an in absentia order based on [lack of proper notice / exceptional circumstances within 180 days].

☐ This is a joint motion filed with DHS consent, which is exempt from time and number limitations.

☐ This is a VAWA-based motion exempt from time limitations.

☐ The 90-day deadline should be equitably tolled because: [________________________________]

☐ Respondent requests sua sponte reopening based on exceptional circumstances: [________________________________]

VI. ARGUMENT

A. FOR MOTION TO REOPEN — New, Material, Previously Unavailable Evidence

1. The New Evidence

Respondent presents the following new evidence in support of this motion:

2. The Evidence Is Material

This evidence is material because [________________________________]. If credited, this evidence would [establish eligibility for __________________ / change the outcome of the credibility determination / demonstrate that Respondent merits relief as a matter of discretion].

3. The Evidence Was Not Available and Could Not Have Been Discovered or Presented at the Former Hearing

This evidence was unavailable at the time of the prior hearing because [________________________________]. Respondent [exercised due diligence / could not have obtained this evidence earlier because ________________________________].

4. Prima Facie Eligibility for Relief

Based on the new evidence, Respondent establishes prima facie eligibility for [________________________________] because [________________________________].

B. FOR MOTION TO REOPEN — Changed Country Conditions

1. The Changed Conditions

Since the prior hearing on [__/__/____], conditions in [________________________________] have materially changed as follows:

[________________________________]

[________________________________]

[________________________________]

2. Supporting Evidence of Changed Conditions

☐ U.S. State Department Country Report on Human Rights Practices for [________________________________] (Year: [____])
☐ UNHCR Position on Returns to [________________________________]
☐ Country conditions expert declaration from [________________________________]
☐ News articles and reports documenting [________________________________]
☐ International human rights organization reports from [________________________________]
☐ Personal declarations from individuals in [________________________________] regarding current conditions
☐ Other: [________________________________]

3. How Changed Conditions Affect Respondent's Claim

The changed conditions are material to Respondent's claim for [asylum / withholding / CAT] because [________________________________].

C. FOR MOTION TO REOPEN — Ineffective Assistance of Counsel (Matter of Lozada Compliance)

1. Lozada Requirements

Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), requires the following:

☐ Affidavit from the Respondent — Attached as Exhibit [____]. The affidavit sets forth in detail the agreement with prior counsel regarding the scope of representation and the specific actions or omissions that constitute ineffective assistance.

☐ Notice to Prior Counsel — On [__/__/____], Respondent sent written notice to prior counsel, [________________________________], informing counsel of the allegations and providing an opportunity to respond. A copy of this notice is attached as Exhibit [____]. [Prior counsel's response / Prior counsel did not respond within a reasonable time] is attached as Exhibit [____].

☐ Bar Complaint or Explanation — [A complaint was filed with the [State Bar of ________________________________ / disciplinary authority] on [__/__/____]. A copy of the complaint is attached as Exhibit [____].] OR [A bar complaint has not been filed because [________________________________]. Respondent will file a complaint upon [________________________________].]

2. Deficient Performance

Prior counsel's performance was deficient because [________________________________].

Specific examples of deficient performance include:

• [________________________________]
• [________________________________]
• [________________________________]

3. Prejudice

But for counsel's deficient performance, there is a reasonable probability that the outcome would have been different. Specifically, [________________________________].

4. Equitable Tolling of the 90-Day Deadline

[If applicable:] The 90-day deadline should be equitably tolled because:

• Respondent exercised due diligence: [________________________________]
• Extraordinary circumstances prevented timely filing: [________________________________]
• Respondent discovered the basis for this motion on [__/__/____] and filed within a reasonable time thereafter.

D. FOR MOTION TO REOPEN — In Absentia Rescission

1. Lack of Notice (No Time Limit)

Respondent was ordered removed in absentia on [__/__/____]. Respondent demonstrates that the in absentia order should be rescinded because Respondent did not receive proper notice of the hearing. INA § 240(b)(5)(C)(ii).

☐ Respondent never received the NTA
☐ The NTA was defective under Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021) (NTA issued in multiple documents without complete information)
☐ Respondent never received the hearing notice
☐ The hearing notice was sent to an incorrect address
☐ Other notice deficiency: [________________________________]

Supporting evidence:

[________________________________]

2. Exceptional Circumstances (Within 180 Days)

Respondent was ordered removed in absentia on [__/__/____]. This motion is filed within 180 days of the order. Respondent's failure to appear was due to exceptional circumstances:

☐ Serious illness or medical emergency
☐ Natural disaster or extreme weather
☐ Battery or extreme cruelty by spouse or parent (for VAWA-eligible individuals)
☐ Ineffective assistance of counsel (counsel failed to inform of hearing date)
☐ Other: [________________________________]

Supporting evidence:

[________________________________]

E. FOR MOTION TO RECONSIDER — Errors of Law or Fact

1. Error(s) Identified

The [Immigration Judge's / BIA's] decision of [__/__/____] contains the following error(s) of law or fact:

Error 1: [________________________________]

The [IJ / BIA] erred by [________________________________]. The correct legal standard requires [________________________________]. See [________________________________].

Error 2: [________________________________]

The [IJ / BIA] misapprehended the record regarding [________________________________]. The record actually shows [________________________________]. See Record at [________________________________].

Error 3: [________________________________]

[________________________________]

2. The Error(s) Affected the Outcome

Had the [IJ / BIA] applied the correct legal standard or considered the accurate facts, the outcome would have been different because [________________________________].

VII. STAY OF REMOVAL REQUEST

☐ This section applies — Respondent requests a stay of removal pending adjudication of this motion.

☐ This section does not apply — No stay is requested.

If requesting a stay:

Pursuant to 8 C.F.R. § 1003.23(b)(1) / § 1003.2(f), Respondent requests a stay of removal pending resolution of this motion. In support, Respondent states:

1. Likelihood of Success on the Merits

[________________________________]

2. Irreparable Harm

If removed pending adjudication of this motion, Respondent faces [________________________________], which constitutes irreparable harm.

3. No Harm to Opposing Party

A brief stay of removal to allow adjudication of this meritorious motion will not prejudice DHS.

4. Public Interest

The public interest favors a just resolution of Respondent's claims before removal is executed.

IMPORTANT: Filing a motion to reopen or reconsider does NOT automatically stay removal. A stay must be separately requested and granted. See 8 C.F.R. § 1003.23(b)(1); Nken v. Holder, 556 U.S. 418 (2009).

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Respondent respectfully requests that the [Immigration Court / Board of Immigration Appeals]:

☐ Grant this Motion to Reopen and schedule a new hearing on Respondent's application for [________________________________];

☐ Grant this Motion to Reconsider and [reverse the prior decision / remand for further proceedings / apply the correct legal standard];

☐ Rescind the in absentia order and restore the case to the active docket;

☐ Grant a stay of removal pending adjudication of this motion;

☐ Grant such other and further relief as the [Court / Board] deems just and proper.

Respectfully submitted,

_________________________________________
[ATTORNEY NAME]
[BAR NUMBER / ACCREDITATION]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]
Attorney for Respondent

Date: [__/__/____]

PART V: PROPOSED ORDER

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

☐ IMMIGRATION COURT, [________________________________]
☐ BOARD OF IMMIGRATION APPEALS

In the Matter of:

[RESPONDENT NAME]
A# [________________________________]

IN REMOVAL PROCEEDINGS

ORDER

Upon consideration of Respondent's Motion to [Reopen / Reconsider], filed on [__/__/____], and the entire record of proceedings, it is hereby:

ORDERED that Respondent's Motion to [Reopen / Reconsider] is GRANTED.

[For Reopen:] The prior order dated [__/__/____] is vacated, and this matter is restored to the active docket for further proceedings. A hearing is scheduled for [__/__/____] at [____] [a.m./p.m.].

[For Reconsider:] The prior decision dated [__/__/____] is reconsidered. [The Court/Board finds that ________________________________ and the prior decision is ________________________________.]

[For In Absentia Rescission:] The in absentia order of removal dated [__/__/____] is rescinded and proceedings are restored to the active docket.

_________________________________________
Immigration Judge / Board Member
Date: [__/__/____]

PART VI: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to [Reopen / Reconsider], together with all supporting exhibits, was served upon:

Office of the Principal Legal Advisor (OPLA)
Department of Homeland Security

☐ Via ECAS electronic service
☐ Via email to: [________________________________]
☐ Via hand delivery to: [________________________________]
☐ Via U.S. Mail, first class, postage prepaid, to:

[________________________________]
[________________________________]
[________________________________]

_________________________________________
[ATTORNEY NAME]
Date: [__/__/____]

PART VII: EVIDENCE AND EXHIBIT INDEX

Required Supporting Evidence Checklist

For All Motions:

☐ Declaration/affidavit of Respondent
☐ Proof of service on DHS/OPLA
☐ Proposed order
☐ Copy of prior IJ or BIA decision being challenged
☐ Attorney's declaration (if applicable)

For Motion to Reopen (New Evidence):

☐ New evidence with explanation of why it was previously unavailable
☐ Affidavits from witnesses with personal knowledge of new facts
☐ Expert declarations or reports (if applicable)
☐ Updated country conditions reports
☐ Documentation of prima facie eligibility for relief sought

For Motion to Reopen (Changed Country Conditions):

☐ U.S. State Department Country Reports on Human Rights Practices
☐ UNHCR position papers and guidance notes
☐ International human rights organization reports (e.g., Human Rights Watch, Amnesty International)
☐ Expert affidavit on country conditions
☐ News articles documenting changed conditions (with translations if necessary)
☐ Personal declarations from individuals in the country of removal
☐ Updated I-589 or supplemental application (if required)

For Motion to Reopen (Ineffective Assistance — Lozada):

☐ Respondent's detailed affidavit (describing agreement with prior counsel and deficiencies)
☐ Copy of notice sent to prior counsel with proof of delivery
☐ Prior counsel's response (if received)
☐ Copy of bar complaint (or explanation of why not yet filed)
☐ Documentation of prejudice (e.g., evidence that should have been submitted, legal arguments that should have been made)
☐ Retainer agreement or engagement letter with prior counsel (if available)
☐ Evidence of due diligence (if seeking equitable tolling)

For Motion to Reopen (In Absentia Rescission):

☐ Copy of the in absentia order
☐ NTA and hearing notices (or evidence they were not received)
☐ Proof of address at time of hearing (lease, utility bills, mail records)
☐ Evidence of notice deficiency (e.g., USPS tracking showing non-delivery)
☐ Evidence of exceptional circumstances (medical records, police reports, etc.)
☐ G-28 form or other evidence of prior representation

For Motion to Reconsider:

☐ Legal memorandum identifying specific errors of law or fact
☐ Pertinent legal authority (cases, statutes, regulations)
☐ Record citations to facts that were misapprehended
☐ Any intervening authority (new case law, regulatory changes)

Exhibit Index

PART VIII: PRACTITIONER TIPS AND COMMON PITFALLS

Critical Reminders

1. Calendar deadlines immediately. The 90-day (reopen) and 30-day (reconsider) deadlines are strictly enforced. Calculate the deadline from the date of the final administrative order — not from the date of receipt.

2. Determine the correct forum. If the BIA issued the last decision, file with the BIA. If the IJ issued the last decision (case not appealed or remanded by BIA), file with the IJ. Filing in the wrong forum wastes time and may result in the deadline passing.

3. The one-motion limit is real. Absent an applicable exception, each party is entitled to only one motion to reopen and one motion to reconsider. Do not waste the single motion on a weak claim.

4. A motion to reopen does NOT stay removal. Unless a stay is granted, DHS may execute the removal order while the motion is pending. Always request a stay if removal is imminent.

5. For changed country conditions motions, show actual change. It is not sufficient to present the same type of evidence that was available at the prior hearing. The evidence must demonstrate a material change in conditions since the former proceeding.

6. Lozada compliance is mandatory for IAC claims. Failure to comply with all three Lozada requirements (affidavit, notice to prior counsel, bar complaint or explanation) will result in denial. Some circuits have relaxed these requirements; research circuit-specific law.

7. Joint motions are powerful. If DHS agrees to reopening (e.g., because of prosecutorial discretion, changed policy, or clear error), a joint motion avoids the time and number limitations entirely. Always explore whether DHS will stipulate.

8. Sua sponte reopening is not a standard remedy. Courts have held that sua sponte authority is unreviewable and reserved for truly exceptional situations. Do not rely on it as a primary strategy, but raise it as an alternative argument when applicable.

9. Preserve the right to seek judicial review. If the motion is denied, a Petition for Review must generally be filed within 30 days of the BIA's final order. Exhaust administrative remedies before seeking judicial review.

10. Page limits and formatting matter. The BIA Practice Manual imposes a 25-page limit on the body of motions. IJ courts may have local rules on page limits. Comply with all formatting requirements to avoid rejection.

Distinguishing Reopen vs. Reconsider

Post-Denial Options

If the motion is denied:

☐ File a Petition for Review with the U.S. Circuit Court of Appeals within 30 days (INA § 242(b)(1))
☐ Request emergency stay of removal from the circuit court if removal is imminent
☐ Evaluate whether a different type of motion (e.g., joint motion, changed conditions) may be available
☐ Consider whether collateral relief is available (e.g., USCIS petition, prosecutorial discretion request)

SOURCES AND REFERENCES

• INA § 240(c)(6)-(7): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a
• 8 C.F.R. § 1003.2 (BIA Motions): https://www.law.cornell.edu/cfr/text/8/1003.2
• 8 C.F.R. § 1003.23 (IJ Motions): https://www.law.cornell.edu/cfr/text/8/1003.23
• EOIR Immigration Court Practice Manual, Chapter 5: https://www.justice.gov/eoir/reference-materials/ic/chapter-5/7
• BIA Practice Manual, Chapter 5: https://www.justice.gov/eoir/reference-materials/bia/chapter-5/6
• Matter of Lozada, 19 I&N Dec. 637 (BIA 1988)
• Matter of Coelho, 20 I&N Dec. 464 (BIA 1992)
• Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)
• ILRC Practice Advisory on Reopening Removal Proceedings: https://www.ilrc.org
• American Immigration Council, Basics of Motions to Reopen: https://www.americanimmigrationcouncil.org

This template is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Motions to reopen and reconsider have strict deadlines and numerical limitations that, if missed, cannot be remedied. An attorney licensed to practice immigration law should review and customize this document before filing.