Deportation Defense Motion to Reconsider

If you have lost your immigration court case, you may be eligible to ask the Immigration Judge to reconsider their decision by filing a Motion to Reconsider. A motion to reconsider can be filed if the judge made a mistake in applying the laws, facts of your case or federal immigration policy. The motion is a request for the Immigration Judge to re-examine their ruling.

Cannot Introduce New Facts

When filing a motion to reconsider you cannot introduce new facts to argue that the decision should be changed. You can only rely on the existing record at the time of the decision. If you have discovered new facts, or there has been a change in law since the decision, you must instead file a Motion to Reopen. [INSERT MOTION TO REOPEN PAGE LINK]

Time Limits

A motion to reconsider must be filed within 30 days of the Immigration Judge’s final administrative order.  

Number Limits

As a general rule, a party may file only one motion to reconsider.

Exceptions to the Limits

The Immigration Judge may reconsider a decision on its own at any time under its sua sponte authority. Thus, if you have missed the deadline, or need to file a second motion, you may file a Motion to Reconsider and ask the Immigration Judge to exercise its sua sponte authority to waive the time and number limits. 

Important Considerations

If you file an appeal of the Immigration Judge’s decision to the Board of Immigration Appeals (BIA), the judge no longer has the ability to consider your motion since it loses jurisdiction. Thus, if you intend to file a motion to reconsider, it should be done as soon as possible since you only have 30 days to file an appeal with the BIA (learn more here [INSERT APPEALS PAGE LINK]). Also, the filing of a motion to reconsider does not stay the order of removal or deportation, which means that immigration can still deport you while your motion is pending. 

At Boyadzhyan Law we have handled many motions to reconsider and are ready to advice you of the best strategy to challenge the Immigration Judge’s decision. 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com