Missed a Deadline in Immigration Court? Act Quickly With Our Team

If a judge has ordered you removed, you may be asking whether your case can still be reopened. Generally, a motion to reopen must be filed within 90 days of the final order, under rules in 8 C.F.R. § 1003.23 and 8 C.F.R. § 1003.2. The exact deadline turns on which body issued the order: the immigration court or the Board of Immigration Appeals (BIA).

This page covers those deadlines, the main exceptions, and what filing does to a removal order. Whether you’re reading for yourself or for a family member, an immigration court lawyer can check your dates against your paperwork.

What a Motion to Reopen Does After a Removal Order

A motion to reopen asks the court or the Board to reopen a case that already ended in a removal order. It rests on new facts or on a problem in how the earlier case was handled.

An appeal is different. An appeal asks a higher body to review the judge’s decision. A motion asks the decision-maker to look at the case again, using facts that were not presented before. Many people mix up the two, so check which one fits your facts.

Your motion must state its grounds clearly and in detail. It must also ask for specific relief. Under 8 C.F.R. § 1003.23, an immigration judge may reopen or reconsider a case in which the judge has rendered a decision, on the judge’s own motion or on motion of DHS or the alien, unless jurisdiction is vested with the Board of Immigration Appeals.

The 90-Day Deadline for a Motion to Reopen Before an Immigration Judge

A motion to reopen filed with the immigration court is generally due within 90 days of the final order of removal. 8 C.F.R. § 1003.23 sets that rule. A party may file only one motion to reopen, subject to the exceptions the rule lists.

The 90-day clock runs from the date of entry of a final administrative order of removal, deportation, or exclusion. An immigration judge’s decision becomes final when you waive appeal or when the time to appeal runs out, whichever comes first. 8 C.F.R. § 1003.39 states that rule. So whether you appealed or waived appeal changes your timeline.

Except when certified to the Board, the immigration judge’s decision becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken, whichever occurs first. Both motions go to the immigration court that holds your Record of Proceeding. A motion that needs a fee must include proof of payment or a fee waiver request.

BIA Motion to Reopen Deadlines and the One-Motion Rule

A motion to reopen filed with the Board is generally due within 90 days after the final administrative decision. 8 C.F.R. § 1003.2 sets that limit. If you appealed, the Board’s decision is the one to check, because the 90-day count runs from it.

Plan around the one-motion rule. The rule generally limits a person to one motion to reopen, with the exceptions the rule lists. One well-prepared filing matters more than a quick one.

The Board decides this motion in its discretion. It can deny a motion even when the person has made a prima facie case, meaning a basic showing for relief. Your motion must state the new facts you would prove at a hearing. It must be supported by affidavits or other evidence. If you seek relief, file the application and all supporting documents with the motion. The evidence must be material and must not have been available at the earlier hearing.

Exceptions That Can Extend or Remove the Time Limit

Several exceptions can extend or remove the usual time limit. Each one has its own rules, so the exception you may qualify for sets the deadline you face.

If you were ordered removed in absentia, meaning you did not attend, a motion to reopen may be filed within 180 days if the failure to appear was because of exceptional circumstances, or at any time if you did not receive notice or were in Federal or State custody and the failure to appear was through no fault of yours. 8 U.S.C. § 1229a allows this when the failure to appear was because of exceptional circumstances. The statute gives examples such as battery or extreme cruelty, serious illness of the alien, or serious illness or death of the spouse, child, or parent, but not less compelling circumstances. 8 C.F.R. § 1003.23 does not list those examples; it provides that filing a motion under paragraph (b)(4)(ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge. No appeal lies from an in absentia order, which makes the motion route central. 8 C.F.R. § 1240.15 states that rule.

A motion based on changed conditions in your home country has no time limit when it seeks asylum or withholding of removal. The evidence must be material and must not have been available at the earlier hearing.

Other grounds have their own steps and timing, such as claims about a prior lawyer’s work. Which deadline applies depends on the ground you raise. A late motion generally has to fit one of these exceptions, so run this analysis early.

How to File a Motion to Reopen and What Filing Does to Removal

A strong motion states the new facts, supports them with evidence, and names the relief you want. The rules also require paperwork and often a fee. A few points catch people off guard.

8 C.F.R. § 1003.23 requires this. If you can’t pay a required fee, the Board can waive it. You file Form EOIR-26A with a declaration signed under penalty of perjury. 8 C.F.R. § 1003.8 covers that process. Forms and fees can change, so check current requirements before you file.

Filing alone does not stop removal. Except in in absentia cases, filing a motion does not stay the decision. Execution goes forward unless a stay is specifically granted by the immigration judge, the Board, or an authorized DHS officer.

Leaving the country can end the motion. A motion to reopen cannot be made for a person who has departed the United States after removal proceedings. If you leave after filing, that departure withdraws the motion.

How a Missed Deadline Affects Reentry and Other Options

A missed deadline can close the motion route, though other options may still exist. Relief such as adjustment of status may be possible in some cases. Those options turn on your history and the dates involved.

Prior removal orders can also limit what comes next. If an in absentia order was entered after oral notice of the consequences of not attending, you are not eligible for certain relief for 10 years after the final order. The exception is exceptional circumstances. A 10-year bar changes which paths stay open, so the timeline matters.

Talk Through Your Removal Order Dates with Our Team

Many people reading this have a removal order in their own file or in the file of someone they love. The dates on that order keep moving while you read, and that can feel heavy.

Before you reach out, gather the removal order itself, the date it was entered, and any appeal filed or waived. Add the hearing notice and any Board decision. Bring any notices you received, even ones that seem minor.

If you want to talk through your dates, you can reach AG Immigration Law P.A. through the contact form, by phone, or on WhatsApp. Consultations are paid, and the fee is shown when you book. Adriana Gomez is the lawyer responsible for this page.