Immigration Court: Motions to Reopen

Any decision made by an immigration judge can be reopened or reconsidered if a motion is made by either the foreign national (or their petitioner), the government agency, the judge, or the Board of Immigration Appeals.
A motion to reopen the case is appropriate when there are new facts relevant to the case. These motions must be filed within 90 days of the original decision.
A motion to reconsider the case is appropriate when the judge’s or board’s decision is thought to be in error. These motions must be filed within 30 days of the original decision.
These motions can no longer be made to the judge once the decision has been appealed to the Board of Immigration Appeals,but can be made to the BIA under the same rules and deadlines.

There are two exceptions to the 30 and 90 day deadlines. Where an immigration judge made a removal order without the person because they failed to appear either because they did not have adequate notice or due to exceptional circumstances. The second exception applies where a person’s prior attorney failed to provide ompetent representation.

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