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A prior immigration decision may not be the end of your case.
A Motion to Reopen allows you to request a new review based on facts or evidence that were not previously considered.
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Short answer
A Motion to Reopen asks an immigration court, the BIA, or in some matters USCIS to review a case again because new facts or evidence may affect the outcome. In immigration court and BIA proceedings a person is generally permitted to file one motion within 90 days of the final administrative decision, though different deadlines and exceptions apply.
These motions involve strict deadlines, detailed procedural requirements, and a carefully documented legal basis.
What is a Motion to Reopen?
A Motion to Reopen is a formal request asking an immigration court, the Board of Immigration Appeals (BIA), or, in some matters, U.S. Citizenship and Immigration Services (USCIS), to review a case again because new facts or evidence may affect the outcome.
Unlike an appeal, which generally argues that a decision was legally incorrect based on the existing record, a Motion to Reopen usually presents material information that was not available or could not have been presented when the original decision was issued.
The motion must do more than ask for another opportunity. It must clearly explain:
- What new facts have emerged
- Why the evidence is important to the case
- Why the information was not previously available
- How the new evidence may establish eligibility for immigration relief
- Why the motion satisfies the applicable filing rules and deadlines
Reopening is not automatic. A well-prepared motion requires a clear legal theory, persuasive written arguments, and evidence that directly addresses the requirements of the case.
Motion to Reopen, appeal, and Motion to Reconsider
| Motion to Reopen | Appeal | Motion to Reconsider | |
|---|---|---|---|
| What it argues | That new facts or material evidence, not previously available, may affect the outcome | That the original decision contained a legal or factual error based on the existing record | That the decision misapplied the law or facts |
| What it is based on | New facts or evidence not previously presented | The record already presented | The existing record and applicable law |
| Who decides it | The immigration court, the BIA, or, in some matters, USCIS | The Board of Immigration Appeals or a reviewing court | The immigration court, the BIA, or, in some matters, USCIS |
An appeal generally argues that the original decision contained a legal or factual error based on the record already presented. A Motion to Reopen generally asks the government to consider new facts or material evidence that was not previously available. In some cases, a Motion to Reconsider may be appropriate when the argument is that the decision misapplied the law or facts.
When may a Motion to Reopen be appropriate?
The available grounds depend on the facts, procedural history, and agency involved. A Motion to Reopen may be considered in situations involving:
- New and material evidence that was previously unavailable
- Changed conditions in the applicant's country of origin
- A removal order entered after a person missed an immigration court hearing
- Lack of proper notice of a scheduled hearing
- Ineffective assistance by a former attorney
- New eligibility for adjustment of status or another form of relief
- A new family-based petition or qualifying relationship
- Significant errors or omissions that prevented the case from being fully presented
- A request for reopening made jointly with the Department of Homeland Security
- Other exceptional circumstances recognized under immigration law
Not every new development is sufficient to reopen a case. Our attorneys evaluate whether the evidence is legally material, whether an exception may apply, and whether reopening would allow the client to pursue an available form of relief.
Motions to reopen after an in absentia removal order
If someone does not attend a scheduled immigration hearing, the judge may issue a removal order in that person's absence. This is known as an in absentia removal order.
Depending on the circumstances, reopening may be possible if the person:
- Did not receive proper notice of the hearing
- Was in federal or state custody and could not attend through no fault of their own
- Missed the hearing because of qualifying exceptional circumstances
These cases are highly fact-specific. Notices, address records, court documents, medical records, affidavits, and other evidence may be necessary to explain what happened and establish the legal basis for reopening.
Motions based on ineffective assistance of counsel
A prior attorney's mistakes can sometimes prevent a person from properly presenting a case, submitting critical evidence, or meeting an important deadline. In limited circumstances, ineffective assistance of counsel may support a Motion to Reopen.
These claims are subject to specific procedural requirements. It is generally not enough to state that the former attorney handled the case poorly. The motion must explain what the attorney agreed to do, how the representation was deficient, and how those failures affected the case. Additional steps involving notice to former counsel and a disciplinary complaint, or an explanation of why one was not filed, may also be required.
Our team carefully reviews the prior representation and record to determine whether this type of claim is legally supported.
Deadlines matter
In immigration court and BIA proceedings, a person is generally permitted to file one Motion to Reopen within 90 days of the final administrative decision. Different deadlines may apply to in absentia orders, USCIS decisions, and other types of proceedings.
Certain motions may qualify for an exception to the usual time or numerical limitations, including some cases involving:
- Lack of notice
- Changed country conditions
- Joint motions agreed to by the government
- Ineffective assistance of counsel and equitable tolling
- Other circumstances specifically recognized by law
An expired deadline does not always mean that reopening is impossible, but it can make the legal analysis substantially more complex. The sooner the case is reviewed, the more time the attorney has to identify possible options and preserve any remaining deadlines.
The 90-day window and its exceptions
90 days, generally one motion
01. Final administrative decision
02. End of the 90-day window
Exceptions may apply
- Lack of notice
- Changed country conditions
- Joint motion
- Ineffective assistance and equitable tolling
- Other circumstances recognized by law
Different deadlines may apply to in absentia orders, USCIS decisions, and other proceedings.
In immigration court and BIA proceedings, a person is generally permitted to file one Motion to Reopen within 90 days of the final administrative decision.
Does filing a motion stop removal?
Filing a Motion to Reopen generally does not automatically stop the government from carrying out an existing removal order. When appropriate, a separate request for a stay of removal may need to be considered.
Because the consequences can be immediate, anyone with a final removal order should obtain individualized legal guidance before relying on a pending motion as protection from removal.
How 360 Immigration Law Group approaches a Motion to Reopen
A successful motion begins with understanding exactly what happened in the original case. Our team does not treat reopening as a matter of simply resubmitting documents. We examine the prior proceedings, the applicable law, and the evidence necessary to present a focused and persuasive request.
Our work may include:
- Reviewing the complete immigration history: We examine prior applications, court filings, hearing notices, decisions, transcripts, attorney records, and relevant communications.
- Identifying the proper legal basis: We determine why the case may qualify for reopening and whether any exception to the applicable deadline or filing limitation may be available.
- Evaluating the underlying immigration relief: Reopening a case is only one part of the strategy. We also assess what relief the client may be eligible to pursue if the motion is granted.
- Developing the evidentiary record: We organize supporting documents, declarations, records, and other evidence to show why reopening is justified.
- Preparing the legal argument: Our attorneys connect the facts of the case to the governing statutes, regulations, and legal precedent.
- Preparing for what comes next: If the case is reopened, our team helps the client understand the next stage of the proceedings and the steps required to move forward.
Why choose 360 Immigration Law Group?
Motions to reopen require technical legal knowledge, careful preparation, and close attention to the details of the prior case. Our attorneys bring extensive immigration experience and a deeply involved approach to every matter we accept.
Every case receives the attention of at least two attorneys, and our founder and managing attorney directly oversees every filing. Our legal, paralegal, intake, and operations teams work together to keep each matter organized and ensure that client questions are answered within 24 hours.
Clients choose our firm because we provide:
- A detailed review of the prior immigration record
- A strategy tailored to the individual facts of the case
- Careful preparation of legal arguments and supporting evidence
- Clear communication throughout the process
- Representation grounded in experience, preparation, and personal attention
- Service in English, Portuguese, and Spanish
- Representation for clients throughout all 50 states
We understand that behind every motion is a person or family facing uncertainty. Our role is to evaluate the available legal options honestly, prepare the strongest case the facts allow, and make sure our clients understand each stage of the process.
Who qualifies?
New and material evidence
New and material evidence that was previously unavailable may support a Motion to Reopen.
In absentia removal orders
Reopening may be possible if a person did not receive proper notice, was in custody through no fault of their own, or missed the hearing because of qualifying exceptional circumstances.
Ineffective assistance of counsel
In limited circumstances, a prior attorney's deficient representation may support a Motion to Reopen, subject to specific procedural requirements.
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Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions that can help identify whether a Motion to Reopen may be worth reviewing.
What does the process look like?
Reviewing the complete immigration history
We examine prior applications, court filings, hearing notices, decisions, transcripts, attorney records, and relevant communications.
Identifying the proper legal basis
We determine why the case may qualify for reopening and whether any exception to the applicable deadline or filing limitation may be available.
Evaluating the underlying immigration relief
Reopening a case is only one part of the strategy. We also assess what relief the client may be eligible to pursue if the motion is granted.
Developing the evidentiary record
We organize supporting documents, declarations, records, and other evidence to show why reopening is justified.
Preparing the legal argument
Our attorneys connect the facts of the case to the governing statutes, regulations, and legal precedent.
Preparing for what comes next
If the case is reopened, our team helps the client understand the next stage of the proceedings and the steps required to move forward.
How long does it take?
In immigration court and BIA proceedings, a person is generally permitted to file one Motion to Reopen within 90 days of the final administrative decision. Different deadlines may apply to in absentia orders, USCIS decisions, and other types of proceedings, and certain motions may qualify for an exception to the usual time or numerical limitations.
What does it cost?
We quote Motion to Reopen representation after reviewing the history of your case.
Motions to reopen involve strict deadlines, detailed procedural requirements, and a carefully documented legal basis, so the work involved depends on the grounds available and the record. Government filing fees are set separately and are distinct from legal fees.
Schedule a confidential case evaluation to receive an individualized review and a clear quote before any work begins.
Frequently asked questions
No. An appeal generally argues that the original decision contained a legal or factual error based on the record already presented. A Motion to Reopen generally asks the government to consider new facts or material evidence that was not previously available. In some cases, a Motion to Reconsider may be appropriate when the argument is that the decision misapplied the law or facts.
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