A motion to reopen asks the immigration court, the Board of Immigration Appeals or USCIS to look again at a decided case because of new facts that you could not have presented earlier. Under INA § 240(c)(7), a person generally gets one motion to reopen a removal order, filed within 90 days of the final order, with exceptions for in absentia orders, changed country conditions and certain other situations.
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| Legal basis | INA § 240(c)(7); 8 C.F.R. §§ 1003.2 and 1003.23 |
|---|---|
| General limit | One motion, within 90 days of the final order |
| In absentia orders | 180 days for exceptional circumstances; any time for lack of notice |
| Motion to reconsider | One motion, within 30 days, arguing an error of law or fact |
| USCIS decisions | Form I-290B, generally within 30 days (33 if the decision was mailed) |
| Attorney fee | A flat fee for the matter, agreed in writing before work begins |
What is a motion to reopen?
A motion to reopen is a written request to set aside a final decision and consider the case again in light of new facts. It goes to the immigration judge, the Board of Immigration Appeals or USCIS.
It goes to the body that last decided the case. If the Board decided an appeal, the motion goes to the Board. If the judge’s order was never appealed, it goes to the immigration court. For USCIS decisions, the motion goes to USCIS on Form I-290B.
A motion to reopen is different from a motion to reconsider. Reopening brings in new facts. Examples are a new marriage, an approved petition, danger that has arisen at home, or proof that a hearing notice never arrived. Reconsideration argues that the decision was wrong on the law or the record as it stood. Each has its own deadline and its own number limit. Many cases turn on choosing the right one.
How long do you have to file a motion to reopen?
A motion to reopen a removal order is generally due within 90 days of the final order. In addition, a person may generally file only one.
- Motion to reopen 90 days from the final administrative order, under INA § 240(c)(7)(C)(i). One motion per case.
- Motion to reconsider 30 days from the decision, under INA § 240(c)(6). One motion per case.
- In absentia order, exceptional circumstances 180 days from the order.
- In absentia order, lack of notice No deadline.
- USCIS decision Generally 30 days on Form I-290B, or 33 days if USCIS mailed the decision.
The clock runs from the date of the decision, not the date you learned of it. A motion to reopen also does not pause the 30-day deadline for a petition for review in the federal court of appeals.
When do the time and number limits not apply?
The 90-day and one-motion limits have several exceptions. Most late motions that succeed rely on one of them.
- Changed country conditions A motion to apply for asylum, withholding or CAT protection can rest on changed country conditions. If the evidence was not available before, no time or number limit applies. The asylum applications page explains the underlying claim.
- Lack of notice If you did not receive proper notice, you can file a motion to rescind an in absentia order at any time.
- Joint motions If DHS agrees to join the motion, the time and number limits do not apply.
- Equitable tolling The Ninth Circuit allows the deadline to be extended where fraud, deception or error prevented timely filing. Ineffective assistance of a prior lawyer is one example. The person must also have acted with due diligence once they discovered it.
- Reopening on the court’s own motion Judges and the Board have a limited, discretionary power to reopen in exceptional situations. It rarely succeeds, and you cannot count on it.
How do you reopen an in absentia order?
An in absentia order is entered when someone misses a hearing. A judge can rescind it for exceptional circumstances shown within 180 days, or for lack of proper notice at any time.
INA § 240(e)(1) defines exceptional circumstances as circumstances beyond your control. Examples include battery or extreme cruelty, serious illness of the person, or serious illness or death of a spouse, child or parent. Ordinary reasons, like a missed bus or a forgotten date, do not qualify. The motion needs evidence: hospital records, a death certificate, sworn statements.
For lack of notice, the question is whether the court sent the hearing notice to the address you last provided. In Campos-Chaves v. Garland (2024), the Supreme Court addressed a Notice to Appear with no hearing date. It held that the missing date does not by itself allow rescission if a later hearing notice gave the time and place. Filing a motion to rescind an in absentia order automatically stays removal while the judge decides it. The removal proceedings page explains how missed hearings arise.
What does a strong motion to reopen include?
A strong motion to reopen shows three things. The new evidence is material, it was not available earlier, and it would likely change the result.
- The new facts Stated clearly and supported by affidavits and documents, as INA § 240(c)(7)(B) requires.
- The application Where the motion seeks new relief, the completed application for that relief is attached. That might be an I-589 or an I-485.
- Timeliness An explanation of why the motion is within the deadline, or which exception applies and the evidence for it.
- Discretion Reasons, beyond eligibility, why the judge or the Board should exercise discretion to reopen.
Sometimes the reason for reopening is a former lawyer’s ineffective assistance. In that case the Board expects the steps set out in Matter of Lozada. They are a detailed affidavit, and notice to the former attorney with a chance to respond. The motion also states whether the person filed a complaint with the State Bar, and why or why not.
Does filing a motion to reopen stop removal?
Filing a motion to reopen does not stop removal by itself. The exception is a motion to rescind an in absentia order, which carries an automatic stay while it is pending.
For other motions, the stay is a separate request. The immigration judge or the Board can grant a stay while it considers the motion. ICE can also grant one on Form I-246. Each decides on its own standard, and a request to one does not bind the other. If the Board denies the motion, a petition for review in the Ninth Circuit can follow, as the BIA appeals page explains.
How do you reopen a USCIS decision?
To ask USCIS to reopen or reconsider a decision, you file Form I-290B. The deadline is generally 30 days from the decision, or 33 days if USCIS mailed it. The USCIS motion regulation sets out the rules.
You use the same form to appeal many USCIS decisions to the Administrative Appeals Office. So the box you check matters. USCIS can excuse a late motion to reopen where the delay was reasonable and beyond your control. Some denials, such as an I-601A provisional waiver denial, do not allow a motion to reopen at all. They require a new filing instead. The waivers and appeals overview sets out the route for each kind of decision.
What does a motion to reopen cost?
We quote a motion to reopen as a flat fee for the matter, agreed in writing before any work begins. If the motion succeeds and the case returns to a hearing, we quote that stage separately. That way you know the cost of each step before deciding. EOIR or USCIS sets the filing fees for the motion and any attached application. You pay them separately. The fees and consultations page explains how the firm charges for each kind of matter.
The first consultation is free and takes about thirty minutes, in English, Armenian, Russian or Spanish.