MOTION TO REOPEN OR RECONSIDER

EOIR IMMIGRATION COURT / BOARD OF IMMIGRATION APPEALS

Filing Overview

• Respondent: [NAME], A#: [A-NUMBER]
• Order date/type: [IJ/BIA], [IN ABSENTIA/ON THE MERITS], Date: [DATE]
• Relief sought: [REOPEN/RECONSIDER/BOTH]; Stay requested: [YES/NO]
• Basis: [New evidence/changed country conditions/ineffective assistance/Niz-Chavez/NTA defect/legal error/timely reconsideration]
• Timeliness/tolling/exceptions: [EQUITABLE TOLLING/JOINT MOTION/WITHIN DEADLINE]
• Related filings: [Petition for review/stay/USCIS filing/FOIA status]

Packet Order (suggested)

1) Cover letter (this document) stating forum (IJ/BIA), relief, and stay request.
2) Motion body with procedural history, jurisdiction, standard, argument, and prayer for relief.
3) Proposed order.
4) Evidence index and exhibits (new, previously unavailable evidence, or legal authority).
5) Affidavits/declarations supporting facts (respondent, witnesses, experts).
6) Country conditions reports (for changed conditions) or new eligibility evidence (approvals, receipts).
7) Proof of notice defects or due process issues (certified mail logs, NTAs, hearing notices).
8) Lozada compliance if ineffective assistance (affidavit, notice to prior counsel, bar complaint or explanation).
9) Certificate of service on DHS OPLA.
10) Filing/service proof (ECAS/email/fax/hand delivery per rules).

Cover Letter Body (sample)

text
Date: [DATE]

[IMMIGRATION COURT/BIA ADDRESS]

RE: Motion to [Reopen/Reconsider] - [NAME, A#]; Order dated [DATE]

Dear [Immigration Judge/Board]:

Enclosed is a motion to [reopen/reconsider] the removal proceedings. The motion is [timely/subject to exception or equitable tolling] and supported by the attached evidence and memorandum. A stay of removal is [requested/not requested]. DHS has been served.

Respectfully,
[NAME/ATTORNEY]

Motion Outline

1) Introduction and relief requested.
2) Jurisdiction and procedural history.
3) Standard for reopen/reconsider (cite 8 C.F.R. 1003.2/1003.23).
4) Timeliness and exceptions (changed conditions, joint motion, sua sponte arguments if any).
5) Argument:
- Reopen: new, material, previously unavailable evidence; changed conditions; eligibility for relief.
- Reconsider: legal/factual errors with citations and record references.
- Ineffective assistance: Lozada compliance and prejudice.
6) Stay request (if sought) and factors.
7) Conclusion and prayer for relief.
8) Certificate of service.

Practice Notes

• Check single-motion and deadline limits; note special rules for in absentia (180-day exception, lack of notice).
• Attach only necessary exhibits; paginate and label clearly.
• For BIA filings, observe page limits and filing via ECAS; for IJ, follow local standing orders.
• If PFR/stay pending in circuit court, coordinate arguments and avoid conflicts.
• Consider joint motions with DHS where appropriate; include draft order.