# Motions to Reopen and Reconsider a Removal Order > A removal order isn't always the last word. How motions to reopen and reconsider work, the strict deadlines, and the key exception for changed country conditions. - Source: https://carlosmaury.law/news/motions-to-reopen-reconsider-immigration-explained - Author: Carlos Maury Law - Published: 2026-06-11 - Topics: motion to reopen, motion to reconsider, 8 U.S.C. 1229a, reopen removal order, 90 day deadline When an immigration judge issues a removal order, it can feel like the end of the road. But the law provides two important tools that can, in the right circumstances, ask a judge to take another look: the **motion to reopen** and the **motion to reconsider.** They are different, they have strict deadlines, and one of them has a crucial exception that can matter enormously. This guide explains, in plain English, how they work. This is general information, not legal advice. The rules below come directly from **[8 U.S.C. § 1229a](https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12-subchapII-partIV-sec1229a.htm)** — the section of the Immigration and Nationality Act (INA § 240) that governs these motions — published by the U.S. Government Publishing Office. Whether any of it applies to a specific case is a legal judgment that depends on the facts. ## Two different motions The first thing to understand is that these are **two distinct tools** for two different problems: - A **motion to reconsider** argues that the previous decision was **legally wrong** — that the judge made an **error of law or fact** based on the record that already exists. - A **motion to reopen** argues that there are **new facts** — new evidence that was not available before — that should be considered at a new hearing. In short: reconsider says "you got the existing record wrong"; reopen says "there is important new evidence." Which one fits depends on what actually went wrong, or what has changed. ## Motion to reconsider: the 30-day rule Under **§ 1229a(c)(6)**, a person may file **one motion to reconsider** a decision that they are removable. The motion: - must be **filed within 30 days** of the final administrative order of removal; and - must **specify the errors of law or fact** in the prior order, supported by relevant legal authority. The 30-day deadline is short and strict. A motion to reconsider is essentially an argument that the decision-maker misapplied the law or misread the record — so it must point to specific errors, not simply disagree with the outcome. ## Motion to reopen: the 90-day rule Under **§ 1229a(c)(7)**, a person may generally file **one motion to reopen.** This motion: - must **state the new facts** to be proven at a hearing if reopening is granted, **supported by affidavits or other evidence;** and - generally must be **filed within 90 days** of the final administrative order of removal. Because a motion to reopen is about **new evidence**, it must actually present that evidence — new facts, backed by documentation — not just assert that circumstances are different. And like reconsideration, the general deadline is strict. ## The critical exception: changed country conditions Here is one of the most important rules in this area. The statute provides that there is **no time limit** on a motion to reopen when the basis is to **apply for asylum or withholding of removal** and it is based on **changed country conditions** in the country of removal — if the evidence is material and was not available and could not have been presented at the earlier hearing. This exception exists for a serious reason: conditions in a country can deteriorate after a case is decided. Someone who was ordered removed years ago may face new danger today because of changes in their home country. The changed-country-conditions exception allows that new reality to be raised even long after the original order. ## Why deadlines and precision matter Motions to reopen and reconsider are powerful but demanding tools. The **numerical limits** (generally one of each), the **short deadlines** (30 and 90 days), and the requirement to present either specific legal errors or genuine new evidence mean these motions must be prepared carefully and filed on time. Missing a deadline can foreclose the opportunity — while the changed-country-conditions exception can, in the right case, reopen a door that seemed closed. ## Why timing is everything Because so much turns on deadlines and on the specific basis for the motion, anyone considering challenging a removal order should act quickly and get the analysis right. Whether the right tool is a motion to reconsider, a motion to reopen, an appeal, or the changed-country-conditions exception depends entirely on the facts — and on how much time has passed. ## Talk to a lawyer about a removal order If you have a removal order and believe it was wrong, or your circumstances or your home country's conditions have changed, the specific facts and deadlines determine your options. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call **(213) 769-0050**. **We speak Spanish.** ## Frequently Asked Questions ### What is the difference between a motion to reopen and a motion to reconsider? A motion to reconsider argues the previous decision was legally wrong based on the existing record (an error of law or fact). A motion to reopen argues there are new facts and new evidence that should be considered at a new hearing. They address different problems. ### What are the deadlines for these motions? Under 8 U.S.C. § 1229a, a motion to reconsider generally must be filed within 30 days of the final removal order, and a motion to reopen generally within 90 days. These deadlines are strict, so acting quickly is essential. ### Is there any exception to the deadline to reopen? Yes. There is generally no time limit on a motion to reopen to apply for asylum or withholding of removal based on changed country conditions, if the evidence is material and was not available and could not have been presented at the earlier hearing. ### Can I file more than one of these motions? Generally no. The statute limits a person to one motion to reopen and one motion to reconsider, with limited exceptions. This is another reason to prepare these motions carefully. --- This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific; consult a qualified immigration attorney about your situation. Prior results do not guarantee a similar outcome. Attorney advertising. --- *General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/motions-to-reopen-reconsider-immigration-explained*