Motions to Reopen & Reconsider
Post-Decision Relief Before EOIR, BIA, and USCIS
A final immigration order does not always mean the end of the case. Motions to reopen present new facts or evidence not available at the prior hearing; motions to reconsider challenge legal errors in the prior decision. Both carry strict deadlines and numerical limits — and both require precisely framed, evidence-backed filings. The firm handles motions to reopen and reconsider before immigration courts, the BIA, and USCIS/AAO, including complex in absentia and changed-country-conditions cases.
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Motions to reopen and reconsider — quick answer
A motion to reopen presents new facts or evidence not previously available — generally must be filed within 90 days of the final order before the BIA (8 CFR § 1003.2(c)(2)) or IJ (8 CFR § 1003.23(b)(1)). A motion to reconsider argues legal error in the prior decision — deadline is 30 days (8 CFR § 1003.2(b)(2), § 1003.23(b)(1)). Each respondent generally gets one motion to reopen per forum. Exceptions to the 90-day rule exist for: (1) joint motions with DHS; (2) changed country conditions in asylum (INA § 240(c)(7)(C)(ii)); (3) in absentia removal orders (INA § 240(b)(5)). For motions filed on or after February 1, 2026, the EOIR filing fee is $1,065 before the immigration judge and $1,030 before the BIA (FY2026 amounts under the 2025 reconciliation law); fee waivers may be requested. Before USCIS, Form I-290B must be filed within 30 days; fee: $800.
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Our Services
Motions to Reopen & Reconsider Services We Provide
- Motions to reopen before the immigration court (90-day deadline, 8 CFR § 1003.23(b)(1))
- Motions to reopen before the BIA (90-day deadline, 8 CFR § 1003.2(c)(2))
- Motions to reconsider before the IJ and BIA (30-day deadline, 8 CFR § 1003.2(b)(2))
- Changed country conditions motions to reopen in asylum cases (INA § 240(c)(7)(C)(ii)) — no time limit
- In absentia removal order rescission motions (INA § 240(b)(5)) — notice and exceptional-circumstances cases
- Joint motions to reopen filed jointly with DHS/ICE (no time limit, no numerical limit)
- Form I-290B motions to reopen and reconsider before USCIS and the AAO (30-day deadline)
- VAWA self-petitioner and trafficking victim motions to reopen without time or numerical limits
Our Process
How We Handle Your Motions to Reopen & Reconsider Case
- 1
Deadline & Eligibility Assessment
We identify the exact deadline applicable to your situation — 30-day reconsideration, 90-day reopening, or an exception — and determine whether new evidence, changed conditions, in absentia circumstances, or a legal error is the correct basis for the motion.
- 2
Evidence Development
We gather and authenticate the new evidence, country-conditions materials, or supporting affidavits that were unavailable at the prior hearing. For in absentia cases, we document the lack of notice or exceptional circumstances.
- 3
Motion Drafting & Filing
We draft a precisely argued motion that satisfies the applicable standard — new facts with materiality showing for reopening; identified legal or factual error for reconsideration — and file within the applicable deadline.
- 4
Response to Opposition & Follow-Through
We respond to any DHS or government opposition, monitor for a ruling, and advise on next steps: additional proceedings, a BIA appeal, or a Petition for Review at the Second Circuit if the motion is denied.
Documents
What you'll need to file a motion to reopen or reconsider
Whether the motion is before the IJ, the BIA, or USCIS, the standard is demanding: new evidence for reopening must be material and previously unavailable; legal error for reconsideration must be identified with specificity.
- • Copy of the prior IJ or BIA decision being challenged
- • Written motion explaining the legal or factual basis (new evidence or legal error)
- • New documentary evidence with explanation of why it was unavailable at the prior hearing
- • Affidavits from the respondent or corroborating witnesses supporting the new facts
- • Updated country-conditions reports (for changed-country-conditions motions in asylum)
- • Evidence of lack of notice or exceptional circumstances (for in absentia rescission motions)
- • Form I-290B and $800 fee (for USCIS/AAO motions — confirm current fee at uscis.gov)
- • Prior motions filed in the same record (to confirm compliance with the one-motion limit)
- • Brief in support citing controlling BIA precedent and CFR provisions
- • DHS joint-motion stipulation, if the motion is being filed jointly with ICE
Common pitfalls
Where motions to reopen and reconsider fail
Missing the 90-day or 30-day deadline
The 90-day deadline for motions to reopen and the 30-day deadline for motions to reconsider (8 CFR § 1003.2(b)(2), (c)(2)) are jurisdictionally significant. A late motion will be denied unless one of the recognized exceptions — joint motion, changed country conditions, or in absentia grounds — applies.
Filing a second motion when the first was already used
Each respondent is generally limited to one motion to reopen per forum (8 CFR § 1003.2(c)(2)). Filing on a weak set of facts — or before all available evidence is assembled — can permanently foreclose the right to file a stronger motion when better evidence emerges.
Submitting evidence available at the prior hearing
A motion to reopen requires evidence that was not available and could not have been presented at the original hearing. Evidence that existed but was not submitted — due to poor preparation or attorney error — does not satisfy this standard and will be rejected.
Confusing the motion for an appeal of a new decision
A motion to reconsider is not a second appeal — it must identify a specific error of law or policy in the prior decision, not simply reargue the merits. A motion that merely repeats arguments already considered and rejected by the IJ or BIA will be denied.
Costs & fees
Filing fees for motions to reopen and reconsider
Government filing fees below. Attorney fees vary significantly with the forum, complexity of the new evidence, and whether country-conditions research or expert witnesses are needed. Schedule a consultation for a tailored quote.
BIA / EOIR motions
$1,065 / $1,030
FY2026 amounts effective Feb 1, 2026: $1,065 for motions to reopen or reconsider an Immigration Judge decision; $1,030 before the BIA. No fee for motions to reopen in absentia orders based on lack of notice (INA § 240(b)(5)(C)(ii)), jointly filed motions, or motions filed while proceedings are pending. Fee waivers may be requested.
Form I-290B (USCIS / AAO)
$800
Confirm current fee at uscis.gov/i-290b before filing
Attorney fees
Varies
Depends on forum, evidence needed, country-conditions research, and whether expert declarations are required
By the numbers
Because each respondent generally receives only one motion to reopen per forum, the decision of when — and on what basis — to file is often the most consequential strategic choice in a post-order case.
The BIA and immigration courts receive tens of thousands of motions each year. Motions supported by material new evidence — particularly changed country conditions in asylum cases — have the strongest track record. Motions that simply re-argue facts already weighed by the IJ or BIA are routinely denied. Strategic preparation and timing are essential.
“An alien may file one motion to reopen proceedings under this section ... There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under [asylum] and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous proceeding.”
— Immigration and Nationality Act § 240(c)(7)(A) and (C)(ii), 8 U.S.C. § 1229a(c)(7)(A), (C)(ii)
FAQ
Motions to Reopen & Reconsider FAQ
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reopen presents new facts or evidence that was not available or not presented at the original hearing and asks the BIA or immigration court to reopen proceedings to consider that evidence. Under 8 CFR § 1003.2(c)(2) and § 1003.23(b)(1), a motion to reopen must generally be filed within 90 days of the final administrative decision. A motion to reconsider argues that the BIA or IJ made a legal or factual error in the prior decision — it does not introduce new evidence, but rather argues the law was applied incorrectly. A motion to reconsider must generally be filed within 30 days of the final decision under 8 CFR § 1003.2(b)(2) and § 1003.23(b)(1). The two motions may be filed together, but they are procedurally and substantively distinct.
How many motions to reopen can I file?
Generally, each respondent is entitled to file one motion to reopen before the BIA and one motion to reopen before the immigration court (8 CFR § 1003.2(c)(2), § 1003.23(b)(1)). Filing the motion on a weak set of facts can foreclose a stronger filing later — strategic timing and evidentiary preparation are critical. There are limited exceptions to the one-motion limit: (1) joint motions to reopen filed jointly by the respondent and DHS have no numerical limit; (2) motions to reopen based on changed country conditions in asylum cases are explicitly exempt from the numerical limit under INA § 240(c)(7)(C)(ii); (3) certain motions in absentia cases may also be filed without limit.
Are there exceptions to the 90-day deadline for a motion to reopen?
Yes. Three main exceptions exist: (1) Joint motions — a motion filed jointly by the respondent and DHS (ICE) has no time limit under 8 CFR § 1003.2(c)(3)(iii); (2) Changed country conditions — a motion to reopen in an asylum case based on changed conditions in the country of nationality or habitual residence is not subject to the 90-day or numerical limit, but must be supported by material evidence that was not available and could not have been discovered at the prior hearing (INA § 240(c)(7)(C)(ii), 8 U.S.C. § 1229a(c)(7)(C)(ii)); (3) In absentia removal orders — if a respondent was ordered removed in absentia (in their absence), the time and numerical limits may not apply under INA § 240(b)(5)(C)(ii) if the respondent can show they did not receive notice of the hearing or that exceptional circumstances caused their absence.
What is an in absentia removal order and how can a motion to reopen help?
An in absentia removal order is issued when an immigration judge removes a respondent in their absence at a scheduled hearing. Under INA § 240(b)(5), an in absentia order may be rescinded if the respondent files a motion to reopen within 180 days of the order and demonstrates exceptional circumstances (e.g., serious illness, death in immediate family) caused the failure to appear (INA § 240(b)(5)(C)(i)). There is no time limit if the motion demonstrates that the respondent did not receive notice of the hearing in accordance with INA § 239(a)(1) or (2). Additionally, VAWA self-petitioners and trafficking victims have additional protections allowing motions to reopen without time or numerical limits (INA § 240(b)(5)(C)(iv)).
What is a motion to reopen before USCIS (Form I-290B)?
Before USCIS and the Administrative Appeals Office (AAO), a motion to reopen or reconsider is filed on Form I-290B, Notice of Appeal or Motion. Per 8 CFR § 103.5, the deadline for a motion to reopen or reconsider before USCIS is 30 days of service of the decision (33 days if the decision was mailed). The filing fee for Form I-290B is $800 — confirm the current fee at uscis.gov/i-290b before filing. A motion to reopen before USCIS must present new facts supported by affidavits or other documentary evidence; a motion to reconsider must identify a specific error of law or policy.
What is the changed country conditions exception for motions to reopen in asylum cases?
Under INA § 240(c)(7)(C)(ii), a noncitizen who has been ordered removed may file a motion to reopen asylum proceedings at any time if the motion is based on changed country conditions in the country of nationality or last habitual residence. The evidence of changed conditions must be material and must not have been available and could not have been discovered or presented at the previous proceedings. This is one of the most important exceptions to the 90-day deadline and the one-motion limit. Common examples include significant changes in political leadership, escalation of violence against a particular group, or the emergence of new persecution evidence. The motion must explain why the changed conditions create a well-founded fear of future persecution.
Frequently Asked Questions
Motions to Reopen & Reconsider FAQ
Related Topics
Related Immigration Topics
- Immigration Appeals — Hub page covering BIA, AAO, and Second Circuit appeals
- BIA Appeals — EOIR-26 appeals from IJ decisions, often filed alongside or instead of a motion to reopen
- Deportation Defense — Trial-level removal proceedings; motions to reopen seek to revive these proceedings
- Asylum & Refugee — Changed country conditions motions are most common in asylum cases
- Schedule a Consultation — Speak with Attorney Musani about your motion to reopen or reconsider options
- Asylum Guide — Background on asylum claims; changed country conditions can support a motion to reopen
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