TL;DR: A motion to reconsider immigration court decisions gives individuals a time-sensitive opportunity to request a review of an unfavorable ruling, such as a deportation order, based on legal or factual errors. This guide explains how motions to reconsider work, how they differ from other post-decision options, and what to expect from the process.
Readers will discover:
- What a motion to reconsider immigration court rulings is and when it can be filed
- The key differences between a motion to reconsider, a motion to reopen, and an appeal
- Filing deadlines, including the typical 30-day window after a court decision
- Step-by-step requirements for how to file, including required forms and documentation
- What happens if a motion to reconsider is denied and what options may still be available
Immigration court, like any other court in the United States judicial system, is one of a complex and interwoven process of policies, procedures, and requirements. And while those who may find themselves summoned by an immigration court’s proceedings may come from a variety of circumstances and legal obligations, the reality is any immigration-related court proceeding can be a stressful one. After all, a defendant’s livelihood and status are on the line as the court conducts its business.
In the unfortunate case that the proceedings end with a less-than-desirable outcome (such as a case of deportation), it’s important to remember, however, that not all hope is lost. In fact, defendants have the right per the U.S. judicial system to file a motion to reconsider an outcome or verdict.
In this guide, we will help define motions to reconsider, including deadlines, processes, eligibility, and more. Our goal is to help keep you informed of your options should you need to file a motion to reconsider for either yourself or a loved one.
What is a motion to reconsider?
Once the court system has given a ruling about deportation, a defendant becomes eligible to submit a formal motion to reconsider to an immigration judge or to the Board of Immigration Appeals (BIA). In either case, the motion asks that the reviewing party reconsider the prior verdict and, potentially, offer a new ruling on your case.
It is worth noting, though, that a distinction lies between a motion to reconsider and a motion to reopen. A defendant must choose which motion they wish to submit upon their ruling, and the distinctions and proceedings differ between the two options.
What is the difference between a motion to reopen and a motion to reconsider?
With a motion to reconsider in immigration court, the defendant asks the reviewing party to reconsider an argument, give extra attention to an overlooked argument or fact, take into account a change in the law, and more. However, they may not enter new evidence into the consideration as part of the motion.
This marks a key difference between a motion to reopen and a motion to reconsider. And it offers a window of opportunity where motions to reopen become a viable strategy to overturn a ruling. With a motion to reopen, new material facts and/or legal errors are presented as essentially rendering old evidence, facts, testimony, or referenced laws moot. Here, the reviewing party reopens the case and considers all new additions brought to light within the content of the case and their ruling.
It’s worth noting that a motion to reopen is not the same as a motion to appeal. With a motion to appeal, Form EOIR 29 is submitted to a higher authority to oversee and offer a ruling on the case that would supersede the original ruling.
What is the deadline for immigration motion to reconsider?
The window in which to submit a motion to reconsider is relatively short, and often must be submitted within 30 days of a judge’s initial order. However, in some cases an appeal can be submitted up to 90 days after the ruling. Of course, deadlines for immigration motion to reconsider may change in accordance with alterations at the federal law level, so it’s always best to review the most recent policies to ensure you don’t miss your filing window.
How do you file a motion to reconsider in immigration court?
The process for how to file a motion to reconsider in immigration court is, thankfully, outlined clearly on the Department of Justice website. Per the DOJ, a defendant must:
- File their motion with a cover page labeled “MOTION TO RECONSIDER,”
- Include all required forms and supplemental materials, including Form EOIR-28 and Form EOIR-61,
- Submit a change of address form, and
- Follow all deadlines and requirements.
Sample motions to reconsider in immigration court must be submitted in writing and can be mailed to the appropriate court or USCIS address.
What happens if a motion to reconsider is denied by USCIS or the BIA?
Once your sample motion to reconsider is reviewed and ruled upon, that ruling essentially becomes final. This means a denied motion to reconsider at USCIS cannot be reconsidered again, as it is now considered settled law in relation to your case.
Of course, even when a motion to reconsider is denied by USCIS or the BIA, other options may be available to help you with your case.
Get the Immigration Support You Need
If you or a loved one has been detained by ICE, have suffered a denied motion to reconsider at USCIS, or has been released from detention with an immigration bond attached, Liberty Immigration can help. Our nationwide offices are filled with experts on immigration procedures, policies, and bond requirements. And we are proud to help our clients navigate the intricacy of the judicial immigration policies in the U.S.
Appealing your case? Call Liberty Immigration now.