Motions to Reopen Guide

A Motion to Reopen (MTR) is an administrative request asking the BIA or Immigration Judge to reopen concluded proceedings to consider new, material facts that were unavailable and could not have been discovered or presented at the former hearing.

Overview

Purpose

Motions to reopen allow courts to reconsider cases based on:

New evidence not previously available
Changed circumstances (country conditions)
Fraud, coercion, or lack of proper notice
Ineffective assistance of counsel

BIA's View

The BIA views MTRs as "disfavored" mechanisms that disrupt finality of judgments. They are reviewed under a highly deferential abuse of discretion standard, giving the BIA vast authority to deny them.

General Requirements

Time Limit

Rule	Deadline
General Deadline	90 days from final administrative decision
Exceptions	See below for circumstances allowing later filing

Number Limit

Rule	Limit
General Rule	One motion per case
Exceptions	Changed country conditions; joint motions with DHS

Filing Fee (OBBBA 2026)

Fee	Amount
Motion to Reopen	$900
Fee Waiver	Available but strictly scrutinized

Filing Location

Scenario	Where to File
Case at IJ level	Immigration Court that issued decision
Case appealed to BIA	Board of Immigration Appeals

Prima Facie Standard

To succeed on an MTR, the movant must demonstrate prima facie eligibility for the underlying relief sought.

What This Means

Show you would likely be eligible for relief if case reopened
Include completed application for underlying relief
Provide supporting evidence for the relief
Evidence must be material (could change outcome)

Evidence Requirements

Requirement	Description
New Facts	State specific new facts to be proven
Affidavits	Supporting sworn statements
Applications	Completed forms for relief sought
Documents	Supporting documentary evidence
Unavailability	Explain why evidence wasn't available before

Exceptions to Time Limits

1. Changed Country Conditions

No time or numerical limit on MTRs based on changed country conditions for:

Asylum
Withholding of Removal
CAT Protection

Requirements:

Change must be fundamental to the country itself
Evidence must be material and previously unavailable
Change must relate to original claim

Limitations (Matter of R-B-E-, 2026):

Generalized crime or widespread violence insufficient
Change must be specific to your claim
Personal circumstances in U.S. do NOT qualify

2. Lack of Notice (In Absentia)

No time limit for MTRs seeking to rescind in absentia orders if:

Never received proper statutory notice of hearing
Notice sent to wrong address due to government error
Due process violation in notice procedures

What You Must Show:

You did not receive the NTA or hearing notice
Government error caused non-receipt (not your failure to update address)
You would have appeared had you received notice

3. Exceptional Circumstances (In Absentia)

180-day deadline for MTRs based on exceptional circumstances:

Circumstance	Examples
Serious Illness	Hospitalization, severe medical emergency
Death in Family	Immediate family member death
Battery/Cruelty	Domestic violence, abuse
Natural Disaster	Severe weather preventing travel
IAC	Attorney's failure to notify of hearing

4. Ineffective Assistance of Counsel

IAC constitutes an "exceptional circumstance" that can equitably toll MTR deadlines.

See detailed requirements below.

5. Joint Motions with DHS

Motions filed jointly with DHS (OPLA) are exempt from time and numerical limitations.

In Absentia Rescission

When In Absentia Orders Occur

In absentia removal orders are issued when:

Respondent fails to appear at scheduled hearing
Written notice was provided
No exceptional circumstances

Consequences of In Absentia Orders

Immediate removal order
10-year bar on certain relief
Extremely difficult to reopen

Grounds for Rescission

Ground	Deadline	Requirements
Lack of Notice	No deadline	Show you never received proper notice due to government error
Exceptional Circumstances	180 days	Show circumstances beyond your control prevented appearance

Evidence for Lack of Notice

Affidavit stating you didn't receive notice
Evidence of correct address filed with court
Proof that notice was sent to wrong address
Mail return receipts or tracking showing non-delivery

Evidence for Exceptional Circumstances

Medical records (for illness)
Death certificates (family death)
Police reports (for battery/abuse)
Weather documentation (natural disaster)
Attorney misconduct evidence (IAC)

Ineffective Assistance of Counsel (IAC)

Matter of Lozada Requirements

To succeed on an IAC claim, you must strictly comply with the Matter of Lozada (1988) framework:

Requirement	What You Must Provide
1. Detailed Affidavit	Describe exact agreement with prior counsel and specific representations made
2. Counsel Response	Evidence that former counsel was notified of allegations and given opportunity to respond
3. Bar Complaint	Evidence complaint filed with disciplinary authorities, OR detailed explanation why not

Proving Prejudice

Beyond procedural compliance, you must show prejudice:

Attorney's deficient performance plausibly affected outcome
"But for" attorney's errors, result would have been different
Must be specific about what attorney did wrong and how it hurt your case

Common IAC Claims That Succeed

Claim	Example
Failure to File Application	Attorney never filed asylum application
Failure to Notify	Attorney didn't tell client about hearing date
Misadvice	Attorney told client not to attend hearing
Missing Deadlines	Attorney missed filing deadline
Failure to Present Evidence	Attorney didn't submit critical evidence

Matter of Z-R-C-N- (2026)

IAC claims categorically fail if the representative hired was:

Not an actual attorney
Not a DOJ-recognized accredited representative

No matter your subjective belief that you were receiving legitimate legal counsel.

Preparing Your Motion

Required Contents

Cover Page with case information, A-number
Statement of New Facts to be proven
Legal Argument for reopening
Supporting Affidavits
Completed Application for underlying relief (e.g., I-589)
Documentary Evidence
Proof of Service

Supporting Evidence

For Changed Conditions	For In Absentia	For IAC
Country condition reports	Affidavit re: non-receipt	Lozada affidavit
News articles	Address verification	Counsel notification
Expert declarations	Mail tracking info	Bar complaint
Updated asylum application	Exceptional circumstance docs	Prejudice evidence

Strategic Considerations

File as soon as possible after discovering grounds
Be specific about why evidence is new/unavailable
Show prima facie eligibility for underlying relief
Address any negative factors directly
Include all supporting evidence—no second chances

After Filing

Timeline

BIA/IJ will issue briefing schedule
Government (OPLA) will respond
BIA reviews under abuse of discretion standard
Processing time: several months to over a year

Possible Outcomes

Outcome	Effect
Granted	Case reopened; proceedings resume
Denied	Order remains final; may appeal denial to BIA or file PFR
Remanded	Case sent back for specific proceedings

If Denied

Appeal denial to BIA (if IJ decision)
File separate PFR in federal court (30 days from BIA denial)
Note: Original PFR does NOT cover MTR denial

Common Mistakes

Mistake	Consequence
Missing 90-day deadline	MTR barred unless exception applies
Generic country conditions	Denied—must be specific to your claim
Incomplete Lozada compliance	IAC claim fails
No prima facie showing	Motion denied
Personal U.S. circumstances only	Not "changed country conditions"
Not filing bar complaint	IAC claim procedurally deficient

Fees and Waivers

2026 Fee Structure

Motion	Fee
Motion to Reopen	$900
Motion to Reconsider	$900

Fee Waiver

File fee waiver request with motion
Must demonstrate genuine indigency
Strictly scrutinized under current standards
Document income and assets

Related Resources

Last updated: March 24, 2026