Motion to Reopen After a BIA Decision: Understand the Deadlines and Limits

Motion to Reopen Immigration Court Houston: BIA Deadlines

A motion to reopen asks the Board of Immigration Appeals (BIA) to take up a case it has already decided. The deadlines are short, so timing matters as much as the reasons.

If you’re researching a motion to reopen after a Board decision, this guide explains the rules in plain words.

What a Motion to Reopen Is After a BIA Dismissal

A motion to reopen is a written request asking the BIA to reopen a case it has decided. The rule says a request from the affected party must be a written motion to the Board (8 C.F.R. § 1003.2).

This option is for people whose BIA appeal was dismissed, or whose removal order is final.

It is not a new trial. The Board decides whether to grant it. The Board can deny a motion even when the person shows a prima facie case for relief.

The motion must state the new facts that would be proven at a hearing. It must also include affidavits or other evidence that supports those facts.

Deadlines: The 90-Day Rule and Its Exceptions

In most cases, a motion to reopen must be filed within 90 days of the final administrative order of removal.

There are exceptions, and each one is narrow:

• Motion to reconsider: a motion to reconsider a Board decision must be filed within 30 days after the mailing of the Board decision.
• Changed country conditions: Under 8 C.F.R. § 1003.2, a motion to reopen must generally be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened, but exceptions apply, including a motion to apply or reapply for asylum or withholding of deportation based on changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing. The general limit of one motion to reopen does not apply to this type of motion. The evidence must be material and must not have been available and could not have been discovered or presented at the previous hearing.

A late filing needs a specific legal basis. Count the 30 days for a motion to reconsider from the mailing of the Board decision, not from when you receive it.

Grounds the Board Considers

The main ground is new evidence that could not have been presented at the earlier hearing. The evidence must be material and must not have been available or discoverable then.

• New facts: The facts must be supported by sworn statements or documents.
• Changed country conditions: The change must be shown with new evidence, not general statements.
• Relief applications: If the motion asks for relief, the application and all supporting documents must come with it (8 C.F.R. § 1003.2).

The evidence presented in each case plays an important role in how it is evaluated. Documents usually carry more weight than general claims. Because the Board can deny even a strong-looking motion, the quality of your evidence matters.

Motion to Reopen vs. Motion to Reconsider vs. Petition for Review

A motion to reopen brings new facts. A motion to reconsider asks the Board to look again at its decision. A petition for review goes to a federal court of appeals.

• Motion to reconsider: Due within 30 days after the Board mails its decision. You may file only one per decision (8 C.F.R. § 1003.2).
• Motion to reopen: Generally due within 90 days of the final order, with the exceptions above.
• Petition for review: Due within 30 days after the final order of removal. It is the sole and exclusive means for judicial review of that order (8 U.S.C. § 1252).

Each option has its own clock. Track each date separately.

What a Motion to Reopen Can and Cannot Stop

A motion to reopen does not automatically stop removal. It also does not fix every problem in a case.

• Stays: For an appeal from an immigration judge’s order denying a motion to reopen or reconsider or to stay deportation, the Board may, in its discretion, stay deportation while the appeal is pending if no stay has been granted by the Immigration Judge or a Service officer (8 C.F.R. § 1003.6). Don’t count on the filing alone to pause enforcement.
• Eligibility: The motion does not erase a bar to relief. It can open the door to new relief if the new facts support it.
• Cancellation of removal: eligibility depends on the requirements for each form of relief, so contact this office to discuss how those requirements apply to your case.
• Denial: The Board can deny the motion. What comes next depends on the facts of the case.

How the Process Works and What to Expect

The process follows a clear order. You review the record, confirm the deadline, gather proof, draft the motion, file it, and track the response.

1. Read the final order and the full record.
2. Count the deadline from the date of the order.
3. Choose the legal basis, such as new facts, or changed circumstances in the country of nationality for a request to apply or reapply for asylum or withholding of deportation.
4. Gather affidavits and evidence for each new fact.
5. Draft the motion and any application for relief, then file it with the correct office.
6. Track the response and plan the next step.

Gather these documents now: the final BIA decision, prior filings, all notices (including any notice to appear and hearing notices), and evidence for the new facts.

Timing varies by case, so plan for uncertainty. AG Immigration Law P.A. focuses on removal defense. Adriana Gomez is the responsible lawyer for this page.

Frequently Asked Questions

Talk With AG Immigration Law P.A. About Your Motion

A BIA dismissal can feel urgent, especially when you’re helping a parent, spouse, or friend. You don’t have to sort out every deadline alone.

Reach out through the contact form, by phone, or by WhatsApp. Consultations are paid, and the office will explain how booking works when you reach out. Bring your final order and notices so we can talk through your timeline and grounds.