Motions to Reopen and Reconsider at BIA

By Carlos Maury · June 28, 2026 ·8 min read

If the Board of Immigration Appeals (BIA) has decided your case and the result was not what you hoped for, the door is not always closed. Federal regulation 8 CFR § 1003.2 gives a party two distinct tools to ask the Board to take another look: a motion to reconsider and a motion to reopen. They sound similar, but they do very different things, run on different clocks, and carry strict numerical limits. Missing a deadline or filing the wrong type of motion can permanently foreclose relief — so the details matter.

This guide walks through § 1003.2 in depth. It is general legal information, not legal advice; deadlines and exceptions turn on the specific facts of your case, and you should speak with an immigration attorney before acting. You can also read the full regulation text (PDF) — current as of June 25, 2026 — alongside this explainer.

The two motions, side by side

A motion to reconsider argues the Board got the law or the facts wrong on the record it already had. You are not bringing new evidence — you are identifying specific errors and pointing to the authority that shows why the decision was mistaken.
A motion to reopen argues there are new, material facts that were not available before and could not have been presented at the earlier hearing. It must be supported by affidavits or other evidence, and — if you are seeking relief — by the actual application and supporting documents.

Under § 1003.2(a), the Board may reopen or reconsider on its own motion at any time, but a party's request must be a written motion. Granting or denying is discretionary — the Board can deny a motion to reopen even if you have made out a prima facie case for relief.

Motion to reconsider: the 30-day clock

A motion to reconsider must:

Specify the errors of fact or law in the prior decision and be supported by pertinent authority (§ 1003.2(b)(1)).
Be filed within 30 days of the mailing of the Board's decision (§ 1003.2(b)(2)).
Respect the one-motion limit — a party may file only one motion to reconsider a given decision, and may not seek reconsideration of a decision that denied a previous motion to reconsider. In removal proceedings under INA § 240, a noncitizen may file only one motion to reconsider a removability decision.

One important bar: a motion to reconsider based solely on the argument that the case should not have been affirmed without opinion (by a single Board Member or a three-Member panel) is not allowed (§ 1003.2(b)(3)).

Motion to reopen: the 90-day clock — and its exceptions

A motion to reopen must state the new facts to be proven and be supported by affidavits or other evidentiary material (§ 1003.2(c)(1)). The evidence must be material and must not have been available or discoverable at the former hearing. If the motion is to apply for discretionary relief, it generally will be denied if you already had the right and opportunity to apply at the prior hearing — unless the relief is based on circumstances that arose after that hearing.

The general rule (§ 1003.2(c)(2)): one motion to reopen, filed no later than 90 days after the final administrative decision.

But § 1003.2(c)(3) lists situations where the time and numerical limits do not apply, including a motion to reopen:

In absentia removal matters filed under § 1003.23(b)(4)(ii) (no time limit) and certain other in-absentia provisions;
To apply or reapply for asylum or withholding based on changed country conditions in the country of nationality or removal — where the evidence is material and was not previously available;
Jointly filed / agreed upon by all parties; or
Filed by DHS in exclusion or deportation cases based on fraud in the original proceeding (or a crime that would support termination of asylum).

A motion to reopen a decision of an immigration judge or DHS officer that is pending when an appeal is filed (or filed while an appeal is pending) may be treated as a motion to remand and consolidated with the appeal (§ 1003.2(c)(4)).

The departure bar

Under § 1003.2(d), a motion to reopen or reconsider cannot be made by or for someone after they have departed the United States while in exclusion, deportation, or removal proceedings. A departure — including a removal or deportation that happens after a motion is filed — is treated as a withdrawal of that motion. The practical lesson: leaving the country (voluntarily or by removal) can extinguish a pending motion.

A motion does not pause your removal

Filing a motion does not automatically stop removal. Under § 1003.2(f), execution of the decision proceeds unless a stay is specifically granted by the Board, the immigration judge, or an authorized DHS officer (with a narrow exception for certain in-absentia motions). If you need to stay removal, you generally must request a stay — do not assume the motion alone protects you.

Filing procedures under § 1003.2(g)

Subsection (g) sets the mechanics, and getting them wrong can sink an otherwise-strong motion:

(g)(1) Language, appearance, service. The motion must be in English or accompanied by a certified translation. A represented party must include a Form EOIR-27 (notice of appearance); a pro se party who got document help from a practitioner files a Form EOIR-60. Every motion needs proof of service on the other side.
(g)(2) Where to file. A motion on a matter decided by the Board (arising from an immigration judge) goes directly to the Board, with the § 1003.8 fee or a fee-waiver request. A matter initially decided by a DHS officer is filed with that DHS office.
(g)(3) Briefs. The opposing party generally has 20 days to respond; a motion is deemed unopposed if no timely response is filed.
(g)(4) Filing parties — mandatory e-filing. This is the key modern rule: DHS and all attorneys and accredited representatives of record must electronically file all documents with the Board through EOIR's electronic filing application in eligible cases. Unrepresented parties may e-file but must register with EOIR to do so; once you opt in for a case, you must keep e-filing for that case unless the Board grants leave to opt out for good cause.
(g)(5)–(g)(9). Originals must be available on request; there are specific rules for system outages, a prohibition on e-filing classified information or sealed medical documents, signature requirements, and service (electronic service through the eFiling system, or paper service with a certificate of service — served on the ICE Office of the Principal Legal Advisor for the relevant field location when the filer is not DHS).

Oral argument and the ruling

You may request oral argument within the motion itself, but the Board grants it only at its discretion (§ 1003.2(h)). The Board rules by written order (§ 1003.2(i)). If reopening is granted and further proceedings are needed, the record returns to the immigration court or DHS office with control over the case; if reconsideration is granted, the Board will affirm, modify, or reverse its original decision.

Why the details matter

Motions practice before the BIA is unforgiving on timing and procedure. A few takeaways:

Calendar the deadline immediately — 30 days for reconsideration, 90 days for reopening, measured from the mailing of the decision.
You usually get one shot. The numerical limits mean a weak or premature motion can use up your only opportunity.
Know the exceptions. Changed country conditions, in-absentia, joint motions, and DHS-fraud motions can escape the time and number limits — but each has its own strict requirements.
Don't leave the country with a motion pending.
Ask for a stay if removal is a risk.

How a former Immigration Judge can help

These motions are exactly where experience on the inside of the immigration courts matters. Carlos Maury is a former U.S. Immigration Judge; the firm has read and decided motions like these from the bench, and brings that perspective to drafting them. If the Board has decided your case, time is short — contact us to discuss whether a motion to reopen or reconsider fits your situation.

Frequently asked questions

What is the difference between a motion to reopen and a motion to reconsider?

A motion to reconsider argues the Board made a legal or factual error on the existing record. A motion to reopen presents new, material evidence that was not available at the earlier hearing.

How long do I have to file?

Generally 30 days for a motion to reconsider and 90 days for a motion to reopen, measured from the mailing of the Board's decision. Some motions to reopen — such as those based on changed country conditions or in-absentia orders — are not subject to these limits.

Does filing a motion stop my removal?

No. Removal can proceed unless the Board, the immigration judge, or an authorized DHS officer specifically grants a stay. You generally must request a stay separately.

Can I file more than one motion?

Usually no. A party may file only one motion to reconsider and one motion to reopen a given decision, subject to limited exceptions in 8 CFR § 1003.2(c)(3).

What happens to my motion if I leave the United States?

Under the departure bar, leaving the country — including being removed — while in proceedings is treated as withdrawing a pending motion to reopen or reconsider.

This article is general legal information, not legal advice, and does not create an attorney–client relationship. It does not guarantee any outcome. Regulations change; confirm the current rule in the official text and consult a qualified immigration attorney about your specific case.