(3) Other - In addition to the regulatory exceptions for motions to reconsider, exceptions may be created in accordance with special statutes, case law, directives, or other special legal circumstances. For cases brought in deportation or exclusion proceedings, DHS is subject to the time and number limits on motions to reconsider, unless the basis of the motion is fraud in the original proceeding or a crime that would support termination of asylum. (2) DHS motions - For cases in removal proceedings, the Department of Homeland Security (DHS) is not subject to time and number limits on motions to reconsider. (1) Alien motions - There are no exceptions to the time and number limitations on motions to reconsider when filed by an alien. (e) Exceptions to the Limits on Motions to Reconsider Although a party may file a motion to reconsider the denial of a motion to reopen, a party may not file a motion to reconsider the denial of a motion to reconsider. Motions filed prior to July 31, 1996, do not count toward the one-motion limit. Responses to motions to reconsider are due within ten (10) days after the motion was received by the Immigration Court, unless otherwise specified by the Immigration Judge.Īs a general rule, a party may file only one motion to reconsider. (For cases decided by the Immigration Court before July 1, 1996, the motion to reconsider was due on or before July 31, 1996. See Chapter 3.4 (Filing Fees).Ī motion to reconsider must be filed within 30 days of the Immigration Judge’s final administrative order. A filing fee or a fee waiver request may be required. To ensure that the Immigration Court has the alien’s current address, an Alien’s Change of Address Form (EOIR-33/IC) should be filed with the motion. See Chapter 2.1(b) (Entering an Appearance). If the alien is represented, the attorney must file a paper, not an electronic, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28). See subsection (c), below, Chapter 5.2 (Filing a Motion), Appendix E (Sample Cover Pages). The motion should be filed with a cover page labeled “MOTION TO RECONSIDER” and comply with the deadlines and requirements for filing. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence. A motion to reconsider either identifies an error in law or fact in the Immigration Judge’s prior decision or identifies a change in law that affects an Immigration Judge’s prior decision and asks the Immigration Judge to reexamine his or her ruling.
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