Motion to Reconsider in Immigration Court: Deadline, Filing, Fees

A motion to reconsider in immigration court asks the immigration judge or the Board of Immigration Appeals (BIA) to take another look at an unfavorable decision because of a legal or factual error in that ruling. You have 30 days from the final order to file it, you get one motion per decision, and you cannot add new evidence: everything has to come from the record already in front of the adjudicator.¹

What This Motion Does and What It Doesn’t

A motion to reconsider tells the decision-maker that the prior ruling got the law or the facts wrong based on what was already before them. The motion has to identify specific errors and support them with legal authority.² It is a narrow tool. New evidence, new witnesses, and facts that developed after the decision are all off-limits.

This is where people burn their one filing. A motion to reconsider is not a motion to reopen. A motion to reopen is the vehicle for new evidence or changed circumstances that weren’t previously available. A motion to reconsider says the judge misread the law, ignored controlling precedent, or misstated something already in the file. Pick the wrong one and you may lose the 30-day window along with your single opportunity.

Errors That Actually Support the Motion

The motions that succeed target clear, identifiable mistakes:

Misapplied precedent, such as reliance on a case that has been overruled or ignored binding authority that should have changed the outcome.
Statutory misinterpretation, such as applying the wrong legal standard to your eligibility for relief.
Factual misreading, such as a decision that misstates hearing testimony or overlooks a key exhibit in the record.
Procedural error that affected the outcome.

One ground is off the table by regulation: you cannot rest a BIA motion to reconsider on the claim that the Board should not have affirmed without a written opinion, or that a three-member panel should have decided the case instead of a single member.¹

The 30-Day Deadline and the One-Motion Limit

You have 30 days from the final administrative order to file.³ For an immigration judge’s decision, the clock starts on the date the order was entered.⁴ For a BIA decision, it runs from the mailing date. Late motions are rejected.

You get one motion to reconsider per decision, and you cannot file a motion to reconsider the denial of a prior motion to reconsider.¹ Unlike motions to reopen, motions to reconsider are not eligible for equitable tolling. If you miss the 30 days, filing late is not an option, regardless of the reason.

Where to File

File with whichever body issued the last decision in your case. If the immigration judge entered the final order and you did not appeal, the motion goes to that judge. If the BIA issued the last ruling, it goes to the BIA. Filing with the wrong entity gets you a rejection and may cost you the deadline.

There is one wrinkle. If a motion to reconsider an immigration judge’s decision is pending when you file an appeal, or if you file the motion after the appeal, the BIA can treat the motion as a request to remand and may consolidate it with the appeal.¹

What the Motion Must Contain

This is a legal brief, not a letter. It needs to walk the adjudicator from the specific error to the relief you want:

A cover page clearly labeled “MOTION TO RECONSIDER.”⁵
Identification of the decision being challenged, including its date and the adjudicator.
A statement of errors that pinpoints each mistake with specificity, citing transcript pages, exhibit numbers, and the exact portion of the decision at issue.²
Pertinent legal authority for every argument: statutes, regulations, or controlling case law the adjudicator misapplied or overlooked.
A proposed order clearly stating the relief requested.

If controlling law changed after the decision but before your deadline, attach the new statute or court decision. That is one of the rare situations where something “new” fits within a motion to reconsider, because the argument is that the ruling now conflicts with governing law.

Motions filed with the BIA are capped at 30 pages for the body of the brief.⁶ A focused motion beats a padded one. Any non-English document must come with a certified English translation, signed by the translator, stating that the translator is competent in the language and that the translation is accurate, with the translator’s address and phone number.⁷

Sample Framework

Every motion has to be tailored to the errors in your case, but the components below reflect what the regulations and the EOIR practice manual require.

Cover Page
MOTION TO RECONSIDER
In the Matter of: [Full Legal Name], Respondent
File Number: [A-Number]
Before: [Immigration Judge Name / Board of Immigration Appeals]

I. Introduction. A short statement identifying the decision being challenged, its date, and the relief requested.

II. Procedural History. When proceedings began, the relief you applied for, the hearing dates, and the decision issued.

III. Statement of Errors. For each error: (1) the specific finding or legal conclusion that was wrong, with a citation to the decision; (2) the evidence already in the record that contradicts it, citing transcript pages or exhibit numbers; and (3) the statute, regulation, or case law the adjudicator misapplied or overlooked.

IV. Legal Argument. Analysis tying the identified errors to the legal standard for reconsideration, and an explanation of why the errors were outcome-determinative.

V. Conclusion and Requested Relief. A clear statement of what you want: reversal, remand, or another specific form of relief.

VI. Proposed Order. A draft order for the judge or BIA to sign.

Attachments. Certificate of Service, copies of any new controlling legal authority, and proof of fee payment or a fee waiver request on Form EOIR-26A.

Fees and How to Pay

Filing a motion to reconsider costs $1,065 before an immigration judge and $1,030 before the BIA.⁸ As of February 23, 2026, EOIR no longer accepts checks or money orders; all fees must be paid electronically through the EOIR Payment Portal.⁹ Mailing a check will now cause a rejection.

If you cannot afford the fee, request a waiver on Form EOIR-26A. The form requires detailed financial information about assets, income, and expenses. Zeroed-out forms with no explanation tend to be denied; the adjudicator wants your actual financial picture, even if it is bleak.⁹

Serving the Government

At or before filing, serve a complete copy of the motion package on the opposing government attorney, typically from DHS or ICE. Prepare a Certificate of Service (a signed statement showing the date and method of delivery) and include it with the filing. The government then has 10 days to respond, unless the immigration judge sets a different deadline.⁵ Filers using the EOIR electronic filing system (ECAS) may be exempt from including a proposed order and Certificate of Service inside the uploaded document, but the substantive requirements still apply.

Filing Does Not Stop Removal

The most dangerous misunderstanding: a motion to reconsider does not pause removal. The government can execute a removal order while the motion is pending.¹ If you need removal halted, you have to file a separate stay request.

When removal is imminent, an emergency motion to stay removal filed with the immigration court needs:¹⁰

A cover page labeled “EMERGENCY MOTION TO STAY REMOVAL.”
A specific explanation of why the situation is urgent.
The complete procedural history and relevant facts.
A copy of the removal order, or if unavailable, the date and a detailed description of the ruling.
A phone call to the immigration court that issued the order, in addition to filing the written motion.

A stay request qualifies as an emergency only when the person is in DHS custody and removal is imminent. The stay is discretionary, so the strength of the underlying motion matters.

What About the Federal Court Deadline

Filing a motion to reconsider does not extend the 30-day deadline for a petition for review in the federal circuit court. That clock runs from the original final order of removal, and a pending motion to reconsider does not toll it. If federal court review matters to you, you may need to file the petition for review at the same time as the motion to reconsider.

If the Motion Is Denied

A denial is itself a final order, and you cannot file a second motion to reconsider that denial.¹ If the immigration judge denied the motion, you can appeal to the BIA. If the BIA denied it, your remaining option is a petition for review in the federal circuit that has jurisdiction over your case, and the 30-day petition deadline runs from the original final order, not the denial.

A motion to reopen is a separate track if you have genuinely new evidence or changed country conditions, with its own deadline and requirements. Filing one does not bar filing the other where the grounds fit.⁴

1
eCFR. 8 CFR 1003.2 – Reopening or Reconsideration Before the Board of Immigration Appeals
2
Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
3
eCFR. 8 CFR 1003.2 – Reopening or Reconsideration Before the Board of Immigration Appeals
4
eCFR. 8 CFR 1003.23 – Reopening or Reconsideration Before the Immigration Court
5
Executive Office for Immigration Review. 4.8 – Motions to Reconsider
6
Executive Office for Immigration Review. BIA Practice Manual – Chapter 2.3
7
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual – Documents
8
Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees
9
Executive Office for Immigration Review. Forms and Fees
10
Executive Office for Immigration Review. 7.3 – Discretionary Stays