What reconsideration is for
A motion to reconsider argues that the decision itself contains an error of law or fact, based on the record that already existed. That sets it apart from a motion to reopen, which brings in new facts or evidence that were not available before. In immigration court the motion generally goes to whichever body made the last decision, either the immigration judge or the Board of Immigration Appeals. It is not a chance to repeat the same arguments more forcefully. It has to point to something specific the decision got wrong or overlooked, such as a change in controlling law. Choosing among reconsideration, reopening, and an appeal is often the first real decision, and in some matters more than one is filed.
Deadlines, limits, and the file
The window for filing is short and runs from the decision, not from whenever you happen to read it. There are also limits on how many such motions one person can file. Filing usually does not by itself stop the government from carrying out a removal order, so a separate stay request is often needed when removal is a real possibility. Gather the written decision, the hearing recording or transcript if one exists, every brief and exhibit that was filed, and any notice showing when the decision was served. If a prior attorney handled the hearing, ask that office for the complete file now rather than later.
Picking the right vehicle
We read the decision against the record to see whether there is a clear error or a legal development worth raising. If the issue is really new evidence, a motion to reopen may fit better; if the issue is how the judge weighed the evidence, an appeal may be the better vehicle. We also look at what else is running, including an appeal deadline that keeps moving while a motion is pending. Where removal is a near-term risk, we discuss whether a stay request belongs alongside the filing. The consultation should end with a recommended route, a plain account of what it can and cannot do, and the date by which it must be filed.
