🧾 What Is a Motion to Reconsider?
A Motion to Reconsider challenges an immigration court or BIA decision on the grounds that the ruling involved a legal or factual mistake. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider focuses on correcting errors in the original decision.
⏰ Filing Deadlines
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Generally must be filed within 30 days of the final decision.
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The motion must specifically state the legal or factual errors alleged.
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It cannot raise new facts or evidence that were not presented before.
📋 When to File a Motion to Reconsider
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When the judge misapplied immigration law or precedent.
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When the decision overlooked or misunderstood key evidence.
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When the ruling contradicts established legal standards.
🏛️ Where to File
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File with the immigration court that issued the original decision if before the BIA stage.
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If the decision is from the BIA, file the motion directly with the BIA.
✅ What to Include in Your Motion
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A clear statement identifying the specific errors in law or fact.
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Legal arguments supported by relevant statutes, regulations, or case law.
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Copies of prior decisions or documents for reference.
🔍 How Are Motions to Reconsider Evaluated?
Immigration judges and the BIA give motions to reconsider careful but strict review. They look to see if the alleged errors materially affect the outcome and whether correcting them would change the decision.
🇺🇸 Summary
A Motion to Reconsider is a vital tool when your immigration case has been decided based on legal mistakes. It allows for correction without reopening the entire case, but success depends on precise legal arguments and adherence to procedural rules.
📞 Contact Borderless Lawyers now to evaluate your options and ensure your case is handled with expert care.