What is a motion to reopen and reconsider?
Asked by: Tyshawn Marvin | Last update: May 3, 2026Score: 4.1/5 (47 votes)
A motion to reopen and a motion to reconsider are legal requests, often in immigration, asking a body (like an immigration judge or USCIS) to review a past decision, but they differ in their basis: reopen seeks review based on new facts or evidence (like a new marriage, new documents) that weren't available before, while reconsider argues the original decision contained a legal or factual error based on the existing record, such as misapplying a law or policy. They are powerful but have strict rules and are often combined for stronger arguments, though success is challenging.
What is the difference between a motion to reopen and a motion to reconsider?
Home | What Is A Motion To Reopen Vs. A Motion To Reconsider In Immigration Law? A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.
What are the grounds for a motion to reopen?
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.
What happens when a case was reopened for reconsideration?
When this happens, the applicant or petitioner may still file a motion with the court to have the case reopened or reconsidered. Unlike an appeal, a motion to reconsider or reopen a case does not send the case to a higher legal authority, but requests that the original authority take a second look at the case.
How to win a motion for reconsideration?
You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.
Why Motions to Reopen Are Not Good? — And What to Do Instead
What is the purpose of the motion to reconsider?
A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling.
What makes you look better in court?
Dress Neatly and Make Sure Your Clothes Fit
The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What is the time limit for motion to reopen?
(c) Time Limits -
As a general rule, a motion to reopen must be filed within 90 days of an Immigration Judge's final order.
What are the grounds for reconsideration of a motion?
Grounds for a motion for reconsideration typically involve arguing that the court made a clear error of law or fact, the decision is contrary to the evidence, new and material evidence has emerged, the controlling law has changed, or a manifest injustice will occur without correction, essentially asking the original court to review its ruling due to specific flaws or new information not previously considered.
What is the success rate of motions to reconsider?
Motion to reconsider success rates vary widely by jurisdiction and case type, generally being low (often under 20-30%) because they aim to correct clear errors, not reargue the case; however, success can jump significantly (e.g., up to 35% for some immigration motions) when clear overlooked evidence or misapplied law is presented, as it's sent back to the original decision-maker who can correct their own mistakes. Generic requests are rarely successful, requiring specific, compelling arguments showing manifest injustice or new facts/law.
What to do after motion to reopen is denied?
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
Is it better to appeal or reapply?
The decision between reapplying and appealing largely depends on individual circumstances: If you believe there was an error in your original claim, or if you have new evidence that could change the outcome, appealing is typically the better route.
What's next after a motion for reconsideration?
Wait for the Court's Decision:
After considering your Motion for Reconsideration and any responses from the other parties, the court will issue a decision either granting or denying the motion. This decision will be based on the court's assessment of the legal and factual issues raised.
Which members are eligible to offer the motion to reconsider?
Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion.
How long can you stay after 485 denied?
After an I-485 denial, you generally have a short period (often around 30 days from the mail date, making it 33 days total) to file a Motion to Reopen/Reconsider (MTR/MTR) to potentially stay in the U.S. while it's pending, but otherwise, you're out of status, and staying longer means accumulating unlawful presence, leading to potential 3 or 10-year bars if you leave, so immediate legal advice is crucial to understand your specific options and departure timeline.
How do you write a motion to reopen?
A motion to reopen “shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material.” 8 U.S.C. § 1229a(c)(7)(B). It must be accompanied by the application for relief and all supporting documents.
Can a judge reopen a case?
If the other party — or even your own attorney or insurance company — intentionally withheld evidence, lied, or misled you during settlement, the court may reopen the case based on fraud.
When can a motion to reconsider be made?
Motion for reconsideration
You must file this motion within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must include an affidavit detailing the original order and the new information.
Which lawyer wins most cases?
There's no single lawyer universally crowned as having won the most cases, as records are hard to track, but American trial lawyer Gerry Spence is legendary for never losing a criminal case and not losing a civil case for decades, while Guyanese lawyer Sir Lionel Luckhoo famously achieved 245 successive murder-charge acquittals, a world record. Other highly successful figures include India's Harish Salve and figures like Joe Jamail, known for huge verdicts, but the definition of "winning" varies across legal fields.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."
What color do judges like to see in court?
Judges prefer neutral, conservative colors like navy, gray, black, brown, and white, as they convey seriousness, respect, and professionalism, while avoiding distractions. Bright colors, flashy patterns, and overly casual attire (like shorts or t-shirts) are discouraged because they can appear unserious or disrespectful in a formal courtroom setting.
How to impress a judge in court?
To impress a judge, be prepared, respectful, and calm by dressing professionally, arriving early, addressing the judge as "Your Honor," speaking clearly and concisely, sticking to facts, and showing you've done your homework on the law and your case, while avoiding emotional outbursts or disrespect. Offering fair solutions upfront and admitting weaknesses can also build credibility.
Should I smile in court?
Although a real smile is pleasing, there are times when a smile in the courtroom is inappropriate. If, when you are questioning a juror and smiling, she tells you her husband passed away the year before, you better lose that smile and lose it quick.