A motion to reopen asks an immigration adjudicator to revisit a completed case based on new facts. Termination asks to end the proceedings on an identified legal basis. If a final removal order already exists, explain both why reopening is allowed and why termination should follow; the requests are not interchangeable. [1][4]
Check the order, forum, and deadline
Obtain the decision and case history. A motion generally goes to the immigration court if the immigration judge decided the case and no appeal transferred jurisdiction to the Board of Immigration Appeals. Once the BIA has jurisdiction, different filing instructions apply. An administratively closed case normally calls for recalendaring rather than reopening. [1][2]
The general limit is one motion to reopen, filed within 90 days of the final administrative order. Exceptions have specific conditions, including certain changed-country-conditions claims and jointly filed motions. Missed-hearing cases have separate rescission rules; review in absentia reopening grounds and deadlines if that describes the order. A new marriage or approved petition alone does not establish a deadline exception. [1]
Prepare evidence for both requests
Use a clearly labeled written motion explaining the new material facts, why the evidence was previously unavailable, and the applicable timeliness rule or exception. Attach declarations, supporting records, the underlying decision if available, and any required application for relief. Include certified English translations where needed. [1][2]
Separately identify the termination authority and facts satisfying it. For example, an approved family petition does not by itself decide removability, adjustment eligibility, or which agency has jurisdiction. Address opposition from DHS. The BIA’s 2026 Matter of Santiago-Santiago illustrates that discretionary termination requires consideration of the grounds and opposing arguments. [4]
Use the current fee and filing instructions
As of October 2026, EOIR lists $1,095 for a motion to reopen or reconsider before an immigration judge and $1,060 before the BIA. Certain motions based exclusively on fee-free relief have a listed $950 fee; specified lack-of-notice or no-fault-custody rescission grounds have an exemption. Verify the precise category. Do not assume a general fee waiver covers every statutory charge. Fees payable to EOIR go through its Payment Portal. [3]
Complete the required service on DHS and retain filing and payment confirmation. An ordinary motion to reopen does not automatically stop removal. If enforcement is possible, assess a separate request for a stay of removal and any applicable automatic-stay exception. Filing the motion also does not extend an appeal deadline. [1][2]
Primary sources
- EOIR Policy Manual, Part II, 4.7, Motions to Reopen
- EOIR Policy Manual, Part II, 4.2, Filing a Motion
- EOIR Types of Appeals, Motions, and Required Fees, updated October 5, 2026
- BIA, Matter of Santiago-Santiago, 29 I&N Dec. 589 (2026)
Sources checked: October 31, 2026.