Requests to revisit a final immigration decision based on new evidence or legal error.
Reopening versus reconsidering
A motion to reopen asks the court or Board to consider new facts or evidence that were not available at the time of the original decision. A motion to reconsider asks the same body to revisit its decision based on an error of law or fact in the existing record, without new evidence. The two serve different purposes and have different requirements.
Deadlines and numerical limits
Motions to reopen and reconsider are generally subject to a short filing deadline running from the date of the final decision, and are generally limited to one motion of each type absent an exception recognized by statute or regulation, such as certain claims based on changed country conditions for individuals seeking protection.
What counts as new evidence
Evidence is generally considered new only if it was not available and could not have been discovered or presented at the earlier proceeding through reasonable diligence. The motion must also show that the new evidence would likely change the outcome, not simply that it is additional information.
Effect on a pending removal order
Filing a motion to reopen does not automatically stop enforcement of an existing removal order. A separate request for a stay of removal is generally required if the individual wants enforcement paused while the motion is considered, and such a stay is not automatic or guaranteed.
Answers
Frequently asked questions
- Can I file a motion to reopen instead of an appeal?
- They serve different purposes. An appeal challenges the original decision on the existing record within the appeal deadline. A motion to reopen is used later, or when the basis for revisiting the case is new evidence rather than an error in the original decision and it has its own separate deadline and standards.
- What if my removal order is old and I only recently discovered new evidence?
- The general filing deadline runs from the final order, so evidence discovered long afterward can present a timeliness problem unless a recognized exception applies. This should be evaluated carefully against the specific facts and current law.
- Will filing a motion to reopen stop me from being removed?
- Not automatically. A separate request for a stay of removal is generally required, and even then, a stay is not guaranteed. This should be addressed as an urgent, separate step alongside the motion itself.
- How many times can I file a motion to reopen?
- Generally, only one motion to reopen is permitted absent a recognized exception, such as certain claims involving changed country conditions for individuals seeking protection. This limit makes it important to present the strongest available basis in the motion that is filed.
Official sources
- Executive Office for Immigration Review: Board of Immigration Appeals
- EOIR: Immigration Court Practice Manual
Consult the official sources above for current rules and procedures.