{"id":4623,"date":"2026-11-09T00:22:07","date_gmt":"2026-11-09T00:22:07","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/bia-appeals-after-losing-immigration-court\/motion-to-reopen-immigration-judge-order-florida\/"},"modified":"2026-11-09T14:31:09","modified_gmt":"2026-11-09T14:31:09","slug":"motion-to-reopen-immigration-judge-order-florida","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/bia-appeals-after-losing-immigration-court\/motion-to-reopen-immigration-judge-order-florida\/","title":{"rendered":"Motion to Reopen an Immigration Judge Order"},"content":{"rendered":"\n
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Removal Defense | Florida, Texas & New York<\/p>

An Immigration Judge Has Ruled. Let's Talk About Reopening Your Case.<\/h1>
Contact Our Office<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 8, 2026<\/p>\n\n

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Motion to Reopen an Immigration Judge Order in Florida<\/h2>\n

A removal order from an immigration judge can feel like the end of the road. Often, a parent, spouse, or friend is the one reading about it and trying to understand what comes next.<\/p>\n

A motion to reopen is a written request asking the immigration court or the Board of Immigration Appeals to reopen a case after a final order. In most cases it must be filed within 90 days of that order, and the rules include specific exceptions. This guide explains the deadline, the grounds, the filing steps, and what to expect when you want to reopen an immigration judge order in Florida.<\/p>\n\n

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If a removal order has you worried about a family member's next deadline, our team can talk through the options with you, and you don't have to sort it out alone. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What Is a Motion to Reopen, and Who Is It For?<\/h2>\n

A motion to reopen asks the court or the Board to take a decided case back up. The immigration court can reopen its own decisions under 8 CFR 1003.23<\/a>, unless jurisdiction is vested with the Board of Immigration Appeals. The Board of Immigration Appeals follows its own rule in 8 CFR 1003.2<\/a>.<\/p>\n

The motion is built around new evidence, not a repeat of old arguments. The rules require the motion to state new facts that are material and were not available and could not have been discovered or presented at the earlier hearing.<\/p>\n

A motion to reopen is different from a BIA appeal. An appeal asks a higher body to review a decision for errors. A motion asks the court or Board that made the decision to reopen or reconsider the case.<\/p>\n

This motion fits people who have a removal order from an immigration judge or the Board. It also fits people ordered removed after missing a hearing. The motion goes to the court or Board that issued the decision.<\/p>\n

Deadlines: The 90-Day Rule and Its Exceptions<\/h2>\n

Most motions to reopen must be filed within 90 days of the final order. For the immigration court, the motion must be filed within 90 days of the date of entry of a final administrative order of removal (8 CFR 1003.23<\/a>). The Board sets a 90-day limit for its motions too (8 CFR 1003.2<\/a>).<\/p>\n

Check the date on your decision first. The clock starts on the date the final order was entered.<\/p>\n

Missed hearings follow different rules. Under 8 U.S.C. \u00a7 1229a<\/a>, an order entered when someone does not attend can be rescinded in these cases:<\/p>\n