1. When Can You File a Motion to Reconsider?
Under 8 C.F.R. § 1003.23(b), a motion must identify specific errors of fact or law in the prior ruling and support them with legal authority. The applicant should explain how the alleged error affected the decision, using the existing hearing record rather than introducing new evidence. Disagreement with the outcome alone is not sufficient grounds for reconsideration.
Legal and Factual Errors
Reconsideration addresses mistakes in an existing decision rather than new evidence. Potential grounds include:
- Applying the wrong statutory eligibility standard.
- Misstating material facts in the hearing record.
- Overlooking controlling precedent.
- Applying a rule affected by subsequent controlling law.
The motion must explain how the identified error affected the ruling. Repeating rejected arguments without identifying a specific mistake generally provides insufficient grounds.
The 30-Day Deadline and One-Motion Limit
Under 8 C.F.R. § 1003.23(b)(1), respondents ordinarily have 30 days after the final administrative order and are limited to one reconsideration motion.
The regulation provides no general deadline exception for respondent-filed motions. Equitable tolling requires a legally supported basis. Certain DHS motions and judge-initiated proceedings follow different rules.
2. Motion to Reconsider Vs. Reopen Vs. BIA Appeal
Each procedure serves a different purpose. Reconsideration challenges errors, reopening introduces qualifying new facts, and an appeal seeks higher administrative review.
| Procedure | General Deadline | Purpose |
|---|---|---|
| Reconsideration | 30 days | Correct errors in the decision |
| Reopening | 90 days | Present qualifying new facts |
| BIA Appeal | 30 days | Review an IJ decision |
Reconsideration
- General Deadline30 days
- PurposeCorrect errors in the decision
Reopening
- General Deadline90 days
- PurposePresent qualifying new facts
BIA Appeal
- General Deadline30 days
- PurposeReview an IJ decision
Exceptions and special proceedings may change these deadlines. EOIR generally requires timely receipt rather than mailing alone.
Reconsideration and BIA Jurisdiction
An immigration judge generally handles reconsideration while retaining jurisdiction. Once an appeal reaches the Board of Immigration Appeals (BIA), the judge ordinarily loses jurisdiction over the appealed case.
Form EOIR-26 generally must reach the BIA within 30 calendar days. For IJ decisions issued on or after March 9, 2026, both parties generally receive 20 calendar days to submit appeal briefs under the Board's schedule.
Filing Fees and Required Documents
As of October 2026, the stated standard EOIR filing fee is $1,095 for reconsideration before an immigration judge. Reconsideration before the BIA and appeals of IJ decisions generally carry a $1,060 fee.
Certain reconsideration motions based exclusively on previously fee-exempt relief carry a $950 fee. Other statutory exceptions and fee-waiver rules require separate review.
An IJ reconsideration motion has no standardized form. Filings generally include legal arguments, proof of service, and applicable payment documentation. Forms EOIR-28 or EOIR-61 apply when required, while address updates use EOIR-33/IC.
Required EOIR fees are paid electronically through the EOIR Payment Portal. Applicants should confirm the applicable amount and payment instructions before filing
3. How to Establish Legal or Factual Errors
A motion to reconsider relies on the existing record rather than newly discovered evidence. The applicant must identify a specific error and explain why correcting it could affect the decision.
Identifying Errors in the Hearing Record
Each argument should identify a disputed finding, admitted exhibit, or controlling legal authority. The motion should connect that material to the legal standard governing the original decision.
For example, an IJ might overlook admitted documents establishing a qualifying family relationship. The motion could identify those documents and explain their legal significance without introducing new evidence.
New Evidence and Changed Circumstances
Under 8 C.F.R. § 1003.23(b)(3), reopening generally requires material evidence unavailable and not reasonably discoverable earlier. Certain asylum-related motions involving changed country conditions may qualify for deadline exceptions.
A change in controlling law may instead support reconsideration. This distinction affects removal defense, where legal errors and new facts require different procedural analysis.
4. What Happens While a Motion to Reconsider Is Pending?
A pending reconsideration motion does not automatically cancel a removal order, restore lawful status, or authorize employment. Its filing also does not independently suspend immigration enforcement.
Removal Orders and Stay Requests
Under 8 C.F.R. § 1003.23(b)(1)(v), reconsideration generally does not automatically stay removal. A respondent facing an enforceable order may need a separate stay request while the motion remains pending.
Certain motions to reopen in absentia removal orders follow different stay rules. ICE enforcement, custody, and bond remain separate procedural matters.
Employment Authorization and Processing Times
Reconsideration does not independently extend an Employment Authorization Document or grant travel permission. Existing work authorization depends on its underlying eligibility category and validity period.
Employers should distinguish immigration court proceedings from employment-based immigration requirements.
No uniform decision deadline applies to every reconsideration motion. Respondents should retain filing receipts, monitor court notices, and update their address with EOIR.
5. Appeals and Judicial Review after Reconsideration Is Denied
A reconsideration denial may permit further review without restoring an expired appeal deadline. The issuing tribunal determines which administrative or judicial procedure may be available.
Appealing the Denial to the BIA
An appealable IJ reconsideration denial may be challenged before the BIA within the applicable deadline. The appeal must identify errors in the denial rather than assume the original decision is automatically reopened for review.
When the BIA issued the challenged ruling, reconsideration generally belongs before the Board under 8 C.F.R. § 1003.2(b).
Judicial Review in Federal Court
Under INA § 242, 8 U.S.C. § 1252, qualifying final removal orders are generally reviewed by federal courts of appeals. A petition for review ordinarily must be filed within 30 days of the reviewable order.
Reconsideration does not automatically extend judicial review of the underlying order. A later denial may be separately reviewable, subject to jurisdictional and exhaustion requirements.
These issues also affect the scope of federal appellate review.
6. Frequently Asked Questions
Does Reconsideration Require a New Immigration Court Hearing?
Not ordinarily. The judge generally evaluates alleged errors using the existing record and legal arguments. Reconsideration does not automatically require additional testimony or a new evidentiary hearing.
Can Reconsideration Change My Employment Authorization?
Filing alone does not establish or extend work authorization. Eligibility depends on the applicable immigration category, existing authorization, and any separate agency decision.
Does a Reconsideration Denial Automatically Prevent Further Review?
No. An appealable denial may permit additional administrative or judicial review. Jurisdiction, filing deadlines, and the decision being challenged determine the available options.
08 Oct, 2026
