Motions to Reconsider Filed with the Immigration Court or Board of Immigration Appeals

A Motion to Reconsider allows you to ask the Immigration Judge (IJ) or Board of Immigration Appeals (BIA) to review their own decision based on an incorrect application of law, policy, or fact. Unlike other motions that might bring in “new” information, this motion is essentially an argument that the IJ or BIA made a mistake using the information they already had.

You file a motion to reconsider when you believe the IJ or BIA:

• Misapplied the Law: The IJ or BIA used the wrong legal standard or ignored a binding precedent (a previous court decision that should have been followed).
• Errors of Fact: The IJ or BIA made a clear mistake regarding the existing evidence in the record (e.g., stating you were from the wrong country or miscounting the years you lived in the U.S.).
• Change in Law: A new law or a new Supreme Court/BIA decision was released after your hearing that would have changed the outcome of your case.

You typically have to file a motion to reconsider within 30 days of IJ or BIA’s decision. It is important to note that filing a motion to reconsider does not automatically stay an order or removal or deportation.