A motion to reopen asks an immigration judge or the Board of Immigration Appeals to consider new facts after a decision. It differs from reconsideration, which challenges errors in the prior decision. The ordinary rule permits one reopening motion within 90 days of the final administrative decision, but important exceptions require case-specific review. [1]
Choose the correct forum
Identify which tribunal has authority over the case. A motion concerning a case decided by the BIA generally belongs at the Board; a matter remaining within the immigration court’s authority follows the court’s procedures. Filing with the wrong office can waste critical time. [2]
New evidence must matter
The motion should explain the new facts and support them with affidavits or other evidence. The evidence generally must be material and previously unavailable despite an opportunity to present the case. If reopening is sought to apply for relief, include the required application and supporting materials. [3]
New eligibility does not automatically overcome the deadline. For example, a later marriage may create a possible immigration benefit but does not by itself create an unlimited right to reopen an old removal case.
When exceptions may apply
Different rules can apply to qualifying changed-country-conditions claims, jointly filed motions, specified VAWA matters, and orders entered after a failure to appear. Ineffective assistance can raise additional procedural and equitable-tolling issues. A change in personal circumstances is not automatically a qualifying change in country conditions.
See motions to rescind an in absentia removal order when notice or failure to appear is the issue. A motion directed at an old conviction also needs evidence of actual post-conviction relief rather than only a plan to seek it.
Filing does not usually stop removal
Ordinary reopening motions do not automatically stay execution of the order. Determine whether a specific automatic-stay rule applies or whether a separate stay request is needed. Departure, detention, and imminent enforcement call for prompt legal review.
Use the current fee and service instructions, keep proof of timely filing, and update the court’s address records. Consult which immigration court has jurisdiction before sending the package. A well-supported motion still requires a favorable legal determination; new evidence is not a guarantee of reopening.
Primary sources
Sources checked: October 31, 2026.