Waiting on a Motion to Reconsider? Here's What Shapes the Timeline

You’ve just received a decision in an immigration case, and you want to know how much time you have.

Two separate clocks matter here. One is the filing deadline, which the regulations set. Filing a motion raises two practical questions: how long the wait for a ruling may be, which the rules don’t fix, and what filing does and doesn’t do. This page explains both.

What a motion to reconsider is and how it differs from a motion to reopen

A motion to reconsider asks the same decision-maker to take a second look at a ruling because of errors of fact or law. 8 CFR 1003.23 says the motion must name those errors and be supported by pertinent authority.

A motion to reopen works differently. It rests on new facts or evidence. Under 8 CFR 1003.2, the evidence must be material and must not have been available at the earlier hearing. 8 C.F.R. § 1003.2 reads: “A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing; nor shall any motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary relief be granted if it appears that the alien’s right to apply for such relief was fully explained to him or her and an opportunity to apply therefore was afforded at the former hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing.”

Mixing these up costs time, and time is what you have least of. Figure out early whether your problem is a legal error or new proof. For the wider picture, read our removal defense overview.

The filing deadline: 30 days for an immigration judge’s decision

That rule comes from 8 CFR 1003.23.

A party may file only one motion to reconsider and one motion to reopen, with the exceptions the rule lists. Deadlines the judge sets also count. Under 8 CFR 1003.31, a filing that misses the time the judge sets is deemed waived.

If the Board of Immigration Appeals issued the decision, check 8 CFR 1003.2 before you start counting; 8 CFR 1003.38 covers appeals of an immigration judge’s decision to the Board.

How long the decision takes after filing

The rules set when you must file. Several things affect how long the wait feels.

The court’s workload is one factor. Whether the motion is complete is another. Judges can also set reply deadlines, and a motion counts as unopposed unless a timely response is made.

Keep your own copies. 8 CFR 1003.31 says originals must be available for review on request. Store the filing, its receipt, and every notice in one place. A clear motion that names specific errors also gives the reviewer less to sort through.

Does filing a motion to reconsider stop removal?

Under 8 CFR 1003.23, filing a motion to reopen or reconsider does not stop the decision from being carried out. The exception is cases involving in absentia orders. A stay must be specifically granted by the immigration judge, the Board, or an authorized DHS officer.

The appeal rule in 8 CFR 1003.6 works differently.

Whether a stay is possible depends on the facts of your case. Don’t assume a pending motion stops enforcement. Also, leaving the United States after filing counts as withdrawing the motion. For how enforcement can reach permanent residents, see ICE enforcement and permanent residents.

What happens when a motion is granted or denied

If the motion is granted, the judge or the Board reopens or reconsiders the earlier ruling. The case then moves forward under the new ruling.

To appeal to the Board, the Notice of Appeal (Form EOIR-26) must come with the fee or an Appeal Fee Waiver Request (Form EOIR-26A), under 8 CFR 1003.38. Any issue left out of that notice is waived.

If you have new evidence, reopening may fit better. See reopening an immigration case.

Who can file a motion to reconsider and what it must contain

Under 8 CFR 1003.23, an immigration judge may, upon the judge’s own motion at any time, or upon motion of DHS or the alien, reopen or reconsider any case in which the judge has rendered a decision, unless jurisdiction is vested with the Board of Immigration Appeals. The motion must state the specific errors of fact or law in the earlier decision. It must also be supported by pertinent authority.

Repeating old arguments without naming an error gives the reviewer little to act on. For Board decisions, 8 CFR 1003.2 bars a motion to reconsider based only on the argument that a case should not have been affirmed without opinion by a single Board Member or a three-Member panel.

Filing location matters too. Under 8 CFR 1003.31, documents go to the immigration court that has administrative control over the record of proceeding.

Talk with the firm about your decision before the deadline

Talking early helps you see which path fits your record. Many families search for these answers while someone they love waits on the outcome.

Adriana Gomez is the responsible lawyer for this page. You can reach out through our contact form, by phone, or by WhatsApp. Consultations are paid. If a matter may be referred to another lawyer or firm, we will say so.