What Is a Motion to Reopen in Immigration Court? A Complete Guide for 2025


If your immigration case was denied or you were ordered to be removed (deported) from the U.S., a motion to reopen might give you a second chance. In immigration law, a motion to reopen is a formal legal request asking the immigration court or agency to review your case again because something important was not considered the first time, like new evidence or missed information.

This motion is often used after a final removal order, a missed hearing, or a denied application. Timing is critical with motion to reopen, and you’ll need to act within a limited window. Also, you must present strong, new evidence or compelling circumstances.

This guide will walk you through everything you need to know about filing a motion to reopen: who can file, when, how, and what kind of evidence is needed, so you can better understand your options and rights under U.S. immigration law.

A motion to reopen can only be filed under specific circumstances, and timing plays a huge role in whether it will be accepted. Below are common situations when you might consider filing one:

  • You missed your immigration court hearing (due to illness, no notice, or emergency)

  • You have new evidence that wasn’t available during your first hearing

  • Your country’s conditions have changed significantly

  • You were given incorrect legal advice by a prior representative (ineffective counsel)

  • You’re now eligible for relief like asylum, TPS, or a visa you couldn’t apply for before

In most cases, the motion must be filed within 90 days of the final order of removal. But there are exceptions to this deadline. For example:

  • If you’re seeking asylum based on changed country conditions, the 90-day rule might not apply.

  • If the motion is being filed by the government itself, the deadline can be waived.

  • If the initial decision was based on fraud, misrepresentation, or clerical error, an untimely motion might still be considered.

It’s also important to understand how this differs from a motion to reconsider. A motion to reconsider is used when you believe the judge made a legal or factual mistake based on the evidence already submitted, while a motion to reopen introduces new facts that weren’t available earlier.

Not everyone can file a motion to reopen, and even if you’re eligible, it has to be done the right way.

You may qualify to file a motion if:

  • You’re currently in removal proceedings or have already received a final order of removal

  • You have new material evidence that could affect your case

  • You missed your hearing due to serious and unexpected circumstances

Because immigration law is really complex, many applicants choose to work with an immigration attorney to properly prepare their motion. A poorly written or incomplete motion can be rejected outright or denied without a hearing. An immigration lawyer can help make sure that your motion is factually strong, properly filed, and supported by credible evidence.

There’s no one-size-fits-all approach to filing a motion to reopen. Depending on your situation, the type of motion you file and how it’s reviewed may vary:

  • Timely Filed Motions: Filed within the standard 90-day deadline after a final removal order.

  • Untimely Motions with Exceptions: You may file outside the 90-day window if you’re claiming asylum based on changed country conditions or seeking protection from persecution.

  • Joint Motions to Reopen: Filed with agreement from both you (or your attorney) and the government’s counsel (such as ICE or DHS). These have a higher chance of success if both parties agree.

  • Sua Sponte Motions to Reopen: These are not filed by you at all. Instead, the immigration judge reopens the case on their own, usually in the interest of justice. These are rare and usually occur when there has been a major oversight or injustice.

A motion to reopen must be backed by strong, credible evidence that wasn’t previously available or considered. USCIS or the immigration court will not reconsider your case unless there’s a clear reason, so what you submit matters.

Key types of supporting evidence include:

  • New documentation, such as updated medical records, proof of family hardship, or proof of country conditions that have worsened since your last hearing.

  • Affidavits from your family members, you, or other witnesses detailing new facts or changed circumstances.

  • Sworn statements explaining why the new evidence is relevant and couldn’t have been presented earlier.

  • Country condition reports for asylum-related motions, especially if your claim involves political changes, conflict, or human rights issues.

  • Proof of ineffective counsel, if your original attorney failed to perform their duties properly (e.g., didn’t notify you of court dates).

The burden is on you to demonstrate that this evidence is relevant, credible, and directly affects the outcome of your case.

Once you file the motion, the immigration court or the Board of Immigration Appeals (BIA) will review your request. In some cases, the judge may decide based solely on the documents you have submitted: no hearing is required.

If Your Motion Is Granted:

  • Your case will be officially reopened, and you'll be placed back on the immigration court’s calendar.

  • You’ll have a chance to present your case all over again, this time with the new evidence included.

  • This does not guarantee approval for relief or benefits. It just means that the court has agreed to take another look.

  • You may be able to appeal the denial to the BIA if you haven’t already.

  • In rare cases, you might have the option of asking a federal court to intervene.

  • It’s critical at this point to speak with an Immigration Attorney, who can evaluate the reasoning behind the denial and help determine the best next step.

Filing a motion to reopen can be your last chance to fight deportation or fix a mistake in your immigration case. It’s not something to take lightly. A motion may be denied simply because it is filed too late or lacks strong evidence.

This is why it's critical to get legal advice before moving forward. An experienced immigration lawyer can evaluate your situation, gather the right documentation, and file within the deadline.

If you're unsure whether you qualify, visit ImmigrationQuestion.com. You can ask legal questions directly and even get access to immigration legal help from attorneys who know how to navigate motions like these.

You generally have 90 days from the final order of removal to file a motion to reopen. However, exceptions are allowed for things like asylum-related country changes or if the government is reopening the case on its own.

In some cases, yes. If you were deported but have new, compelling evidence or suffered from ineffective legal representation, you may be able to file a motion to reopen, even from outside the U.S.

A motion to reopen introduces new facts or evidence, while a motion to reconsider argues that the court made a legal or factual error based on the same evidence already presented.

Yes, but it's risky. These motions are complex, and small mistakes can lead to denial. It’s highly recommended to work with an immigration attorney to increase your chances of success.

It depends on the strength of your evidence, the reason for reopening, and whether you filed within the deadline. Strong, well-documented cases filed on time are more likely to be approved.

You’ll need to submit credible evidence, such as news reports, human rights documents, or expert affidavits showing that your home country has become more dangerous since your initial hearing.

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