Reopening an Immigration Case After a BIA Denial

You received a Board of Immigration Appeals (BIA) decision that dismissed the appeal, and now you need to know what comes next. Yes, in many cases you can still ask the Board to reopen your immigration case. The main route is a motion to reopen, and it generally must be filed no later than 90 days after the final decision.

The decision may have been handed to you by a family member, so the dates on it matter. Here is how the routes, deadlines, and filing steps work.

Yes, but the route and the deadline matter

When the Board dismisses an appeal, the removal order becomes final. The federal rule on final orders says this happens upon dismissal of an appeal by the Board. That makes timing urgent.

There are two main paths to the Board itself. A motion to reopen asks the Board to consider new facts. A motion to reconsider asks the Board to look again at its own ruling. A petition for review is different, because it goes to a federal court of appeals.

Start by finding the exact date of the BIA decision and the type of order printed on it. That date starts the clock. For the full picture of removal cases, see our removal defense page.

Motion to reopen: the 90-day deadline

A motion to reopen generally must be filed within 90 days after the final administrative decision. The regulation on reopening before the Board sets this rule. The regulation on reopening before the Board sets a 90-day general limit for motions to reopen after a final order of removal, and the regulation contains specific exceptions to that limit.

The motion must be in writing. It must state the new facts that would be proven at a hearing if the Board grants it. Affidavits or other evidence must support those facts.

The evidence must be material. It also must not have been available, and could not have been discovered or presented, at the earlier hearing.

If the motion asks for relief, the application and all supporting documents must come with it. 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.” Generally, a party may file only one motion to reopen. So build the record before you file.

The Board has discretion here. Even a motion that meets every requirement can be denied. Plan with that in mind.

Motion to reconsider: a different purpose

A motion to reconsider asks the Board to look again at its own decision. It is also a written motion to the Board. The Board decides it in its discretion.

Reconsideration is not the place to add new evidence. It focuses on the ruling already made and the record already before the Board. If your main point is new facts, a motion to reopen usually fits better.

Write the motion around a specific point where the Board may have gone wrong. Point to where that issue appears in the record.

Do not assume that filing one motion protects the other. The two have different purposes and rules. Review both together, and act on the earliest deadline you find.

Exceptions that can extend the time limit

A motion to reopen generally must be filed no later than 90 days after the final administrative decision, subject to the exceptions in paragraph (c)(3) of 8 C.F.R. § 1003.2. For asylum or withholding of removal, the regulation sets no time or numerical limit when the motion is based on changed circumstances arising in the country of nationality or in the country to which removal 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 evidence must be material and must not have been available or presented at the earlier proceeding. See the removal proceedings statute.

If the removal order came after a missed hearing, a different window applies.

Whether any of these exceptions fits depends on the facts of your case. Compare each one against your own record and dates before you decide.

Does filing stop removal?

The Board has discretion to stay deportation. Under the regulation on stays of execution, the Board may, in its discretion, stay deportation while an appeal is pending from an immigration judge order denying a motion to reopen, if no stay has been granted.

A petition for review is a separate step. The judicial review statute also says the noncitizen generally must first exhaust administrative remedies.

Pay close attention to any detention or removal dates in your notices. They can move quickly.

What to gather before you file

Gather the BIA decision, the immigration judge’s decision, the notice of appeal, and every hearing notice. Put them in date order. Your timeline is the foundation of any filing.

Collect new evidence that shows a change in facts or country conditions. Write down when you first learned of it. Keep proof of when it became available.

Keep the originals of every filed document ready. The regulation on reopening says parties must make originals available on request to the Board or the opposing party.

Keep copies of envelopes, receipts, and proof of mailing. Filing dates and methods can matter.

If a relative is held in immigration detention, the Online Detainee Locator System is the official tool for locating people in ICE custody. Search it early, because a detention location can affect how and where you handle paperwork.

Next steps if the BIA decision is in your family’s hands

Start by reading the date, the type of order, and any deadlines printed on the decision. Write them down. Then bring them to a lawyer as soon as you can.

Reopening, reconsideration, stays, and petitions for review can overlap in time. The right choice depends on the facts of your case, and an early review helps you see every deadline together.

AG Immigration Law P.A. focuses on removal defense, including BIA appeals and motions after a Board decision. Adriana Gomez is the lawyer responsible for this page. The office offers paid consultations, and you can reach it by contact form, phone, or WhatsApp.

Frequently asked questions