🧭 Understanding the Basics
After a negative decision in immigration court or by the BIA, two main legal tools may allow you to revisit the case:
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Motion to Reopen
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Motion to Reconsider
While both serve to challenge prior outcomes, they differ in purpose, timing, and requirements.
🔁 What Is a Motion to Reopen?
A Motion to Reopen allows a case to be reopened based on new facts or evidence not available at the original hearing.
📝 Key Points:
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Must be filed within 90 days of the final decision
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Must include new and material evidence
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Often used when:
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Country conditions have changed
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You were unaware of certain legal rights
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Ineffective assistance of prior counsel occurred
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🔄 What Is a Motion to Reconsider?
A Motion to Reconsider requests the court to review its decision for legal or factual errors made in the judgment.
📝 Key Points:
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Must be filed within 30 days
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Based solely on the existing record
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No new evidence is allowed
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Must show that the original decision was incorrect under the law
🆚 Key Differences
| Feature | Motion to Reopen | Motion to Reconsider |
|---|---|---|
| Purpose | Introduce new facts | Argue legal error |
| Evidence | New evidence allowed | No new evidence |
| Deadline | 90 days | 30 days |
| Common Use Cases | Changed conditions, fraud | Misapplication of law |
⚠️ Important Considerations
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Only one motion of each type is allowed (with rare exceptions).
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Filing both motions together may be appropriate in complex cases.
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Certain bars apply, especially if you’ve been deported or previously filed motions.
🎯 Strategic Legal Action
Filing a Motion to Reopen or Reconsider is complex and time-sensitive. A strong, well-supported motion can reverse a negative outcome or preserve your right to stay in the U.S.
📞 Contact Borderless Lawyers to assess your eligibility and take decisive legal action before your window of opportunity closes.