Motion to Reopen: 90-Day Deadline
How the 90-day motion-to-reopen deadline is calculated and which statutory or regulatory exceptions can displace the ordinary deadline.
INA §240(c)(7) generally provides a 90-day deadline for a motion to reopen after the final administrative decision. The applicable final administrative decision should be identified before calculating the deadline. Board and Immigration Court regulations contain related time rules that depend on which adjudicator has jurisdiction.
Motion to Reopen: 90-Day Deadline
How the 90-day motion-to-reopen deadline is calculated and which statutory or regulatory exceptions can displace the ordinary deadline.
ninety-day reopening analysis treats motion to reopen 90 day deadline immigration as a distinct post-order issue with its own jurisdiction, deadline, and enforcement consequences.
reopening deadline preparation should identify the exact order, current tribunal, pending filing, stay status, and removal posture before substantive relief is discussed.
Motion to Reopen: 90-Day Deadline: Issue 1
INA §240(c)(7) generally provides a 90-day deadline for a motion to reopen after the final administrative decision. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-1; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-1; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-1; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-1; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline.
reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-1; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-1; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-1; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-1; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-1; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority.
timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-1; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-1; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-1; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-1; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-1; 90-day motion clock enforceability and finality should be treated as related but distinct concepts.
Motion to Reopen: 90-Day Deadline: Issue 2
The applicable final administrative decision should be identified before calculating the deadline. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-2; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-2; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-2; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-2; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared.
timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-2; 90-day motion clock enforceability and finality should be treated as related but distinct concepts. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-2; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-2; reopening deadline records should distinguish agency action from court action. reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-2; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-2; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial.
90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-2; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-2; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-2; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-2; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-2; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review.
Motion to Reopen: 90-Day Deadline: Issue 3
Board and Immigration Court regulations contain related time rules that depend on which adjudicator has jurisdiction. 90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-3; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-3; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-3; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-3; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history.
90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-3; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-3; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-3; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-3; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-3; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing.
ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-3; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-3; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-3; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-3; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-3; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline.
Motion to Reopen: 90-Day Deadline: Issue 4
Changed-country-conditions reopening has a statutory exception to ordinary time limitations when its requirements are satisfied. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-4; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-4; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-4; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-4; ninety-day reopening new evidence and existing-record legal error should not be conflated.
ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-4; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-4; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-4; 90-day motion clock enforceability and finality should be treated as related but distinct concepts. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-4; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-4; reopening deadline records should distinguish agency action from court action.
reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-4; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-4; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-4; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-4; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-4; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays.
Motion to Reopen: 90-Day Deadline: Issue 5
In absentia rescission uses separate timing rules and should not be forced into the ordinary 90-day framework. reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-5; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-5; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-5; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-5; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized.
reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-5; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-5; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-5; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-5; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-5; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents.
timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-5; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-5; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-5; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-5; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-5; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records.
Motion to Reopen: 90-Day Deadline: Issue 6
VAWA-related motions have specific statutory exceptions that require separate analysis. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-6; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-6; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-6; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-6; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority.
timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-6; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-6; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-6; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-6; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-6; 90-day motion clock enforceability and finality should be treated as related but distinct concepts.
90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-6; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-6; reopening deadline records should distinguish agency action from court action. reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-6; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-6; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-6; ninety-day reopening the requested relief should fall within the receiving tribunal's authority.
Motion to Reopen: 90-Day Deadline: Issue 7
Equitable-tolling arguments require circuit-specific legal analysis and should not be assumed nationally. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-7; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-7; reopening deadline records should distinguish agency action from court action. reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-7; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-7; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial.
90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-7; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-7; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-7; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-7; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-7; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review.
ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-7; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-7; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-7; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-7; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-7; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof.
Motion to Reopen: 90-Day Deadline: Issue 8
The filing date should be proved by the receiving tribunal's actual receipt record. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-8; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-8; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-8; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-8; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing.
ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-8; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-8; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-8; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-8; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-8; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline.
reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-8; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-8; 90-day motion clock enforceability and finality should be treated as related but distinct concepts. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-8; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-8; reopening deadline records should distinguish agency action from court action. reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-8; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction.
Motion to Reopen: 90-Day Deadline: Issue 9
A judicial-review proceeding generally does not reset the agency's original reopening deadline merely by existing. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-9; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-9; 90-day motion clock enforceability and finality should be treated as related but distinct concepts. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-9; ninety-day reopening the requested ruling should be stated in precise procedural terms. ninety-day reopening chronology should isolate motion-reopen-90-day-deadline-issue-9; reopening deadline records should distinguish agency action from court action.
reopening deadline procedural review should test motion-reopen-90-day-deadline-issue-9; timely motion to reopen counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-issue-9; 90-day motion clock counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock jurisdiction review should address motion-reopen-90-day-deadline-issue-9; ninety-day reopening the requested relief should fall within the receiving tribunal's authority. ninety-day reopening merits strategy should organize motion-reopen-90-day-deadline-issue-9; reopening deadline procedural eligibility should be resolved before discretionary equities are emphasized. reopening deadline client counseling should cover motion-reopen-90-day-deadline-issue-9; timely motion to reopen the written advice should explain consequences of removal, departure, motions, and stays.
timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-9; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-9; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-9; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-9; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents. timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-9; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis.
Motion to Reopen: 90-Day Deadline: Issue 10
The motion should state whether it is timely, statutorily excepted, jointly filed, or dependent on another recognized basis for relief from the deadline. timely motion to reopen appellate preparation should preserve motion-reopen-90-day-deadline-issue-10; 90-day motion clock the record should permit later review without reconstructing an incomplete procedural history. 90-day motion clock briefing should explain motion-reopen-90-day-deadline-issue-10; ninety-day reopening argument should state whether the issue concerns finality, reopening, a stay, or judicial review. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-issue-10; reopening deadline counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline record preparation should support motion-reopen-90-day-deadline-issue-10; timely motion to reopen disputed factual assertions should be backed by declarations or primary documents.
timely motion to reopen preservation should record motion-reopen-90-day-deadline-issue-10; 90-day motion clock the docket should contain the request, opposition, ruling, and legal basis. 90-day motion clock source review should verify motion-reopen-90-day-deadline-issue-10; ninety-day reopening current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-issue-10; reopening deadline assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline analysis should begin with motion-reopen-90-day-deadline-issue-10; timely motion to reopen proof should identify the operative order, date, tribunal, and governing authority. timely motion to reopen evidence should document motion-reopen-90-day-deadline-issue-10; 90-day motion clock the filing should use actual receipts, orders, notices, and docket records.
90-day motion clock motion practice should develop motion-reopen-90-day-deadline-issue-10; ninety-day reopening new evidence and existing-record legal error should not be conflated. ninety-day reopening case history should explain motion-reopen-90-day-deadline-issue-10; reopening deadline every prior appeal, motion, departure, and execution event should appear on the timeline. reopening deadline federal-review planning should consider motion-reopen-90-day-deadline-issue-10; timely motion to reopen agency deadlines and petition-for-review deadlines should be separately calendared. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-issue-10; 90-day motion clock enforceability and finality should be treated as related but distinct concepts. 90-day motion clock closing presentation should synthesize motion-reopen-90-day-deadline-issue-10; ninety-day reopening the requested ruling should be stated in precise procedural terms.
Procedural Chronology: Motion to Reopen: 90-Day Deadline
90-day motion clock source review should verify motion-reopen-90-day-deadline-practice-11; reopening deadline current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening appellate preparation should preserve motion-reopen-90-day-deadline-practice-11; timely motion to reopen the record should permit later review without reconstructing an incomplete procedural history. reopening deadline procedural review should test motion-reopen-90-day-deadline-practice-11; 90-day motion clock counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen case history should explain motion-reopen-90-day-deadline-practice-11; ninety-day reopening every prior appeal, motion, departure, and execution event should appear on the timeline. 90-day motion clock source review should verify motion-reopen-90-day-deadline-practice-11; reopening deadline current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing.
ninety-day reopening appellate preparation should preserve motion-reopen-90-day-deadline-practice-11; timely motion to reopen the record should permit later review without reconstructing an incomplete procedural history. reopening deadline procedural review should test motion-reopen-90-day-deadline-practice-11; 90-day motion clock counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen case history should explain motion-reopen-90-day-deadline-practice-11; ninety-day reopening every prior appeal, motion, departure, and execution event should appear on the timeline. 90-day motion clock source review should verify motion-reopen-90-day-deadline-practice-11; reopening deadline current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening appellate preparation should preserve motion-reopen-90-day-deadline-practice-11; timely motion to reopen the record should permit later review without reconstructing an incomplete procedural history.
reopening deadline procedural review should test motion-reopen-90-day-deadline-practice-11; 90-day motion clock counsel should identify the adjudicator that presently has jurisdiction. timely motion to reopen case history should explain motion-reopen-90-day-deadline-practice-11; ninety-day reopening every prior appeal, motion, departure, and execution event should appear on the timeline. 90-day motion clock source review should verify motion-reopen-90-day-deadline-practice-11; reopening deadline current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. ninety-day reopening appellate preparation should preserve motion-reopen-90-day-deadline-practice-11; timely motion to reopen the record should permit later review without reconstructing an incomplete procedural history. reopening deadline procedural review should test motion-reopen-90-day-deadline-practice-11; 90-day motion clock counsel should identify the adjudicator that presently has jurisdiction.
Filing and Evidence Plan: Motion to Reopen: 90-Day Deadline
ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-practice-12; timely motion to reopen counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline jurisdiction review should address motion-reopen-90-day-deadline-practice-12; 90-day motion clock the requested relief should fall within the receiving tribunal's authority. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-practice-12; ninety-day reopening enforceability and finality should be treated as related but distinct concepts. 90-day motion clock analysis should begin with motion-reopen-90-day-deadline-practice-12; reopening deadline proof should identify the operative order, date, tribunal, and governing authority. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-practice-12; timely motion to reopen counsel should avoid assuming that a later filing reset an earlier deadline.
reopening deadline jurisdiction review should address motion-reopen-90-day-deadline-practice-12; 90-day motion clock the requested relief should fall within the receiving tribunal's authority. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-practice-12; ninety-day reopening enforceability and finality should be treated as related but distinct concepts. 90-day motion clock analysis should begin with motion-reopen-90-day-deadline-practice-12; reopening deadline proof should identify the operative order, date, tribunal, and governing authority. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-practice-12; timely motion to reopen counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline jurisdiction review should address motion-reopen-90-day-deadline-practice-12; 90-day motion clock the requested relief should fall within the receiving tribunal's authority.
timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-practice-12; ninety-day reopening enforceability and finality should be treated as related but distinct concepts. 90-day motion clock analysis should begin with motion-reopen-90-day-deadline-practice-12; reopening deadline proof should identify the operative order, date, tribunal, and governing authority. ninety-day reopening deadline review should calculate motion-reopen-90-day-deadline-practice-12; timely motion to reopen counsel should avoid assuming that a later filing reset an earlier deadline. reopening deadline jurisdiction review should address motion-reopen-90-day-deadline-practice-12; 90-day motion clock the requested relief should fall within the receiving tribunal's authority. timely motion to reopen final-order analysis should frame motion-reopen-90-day-deadline-practice-12; ninety-day reopening enforceability and finality should be treated as related but distinct concepts.
Stay and Enforcement Check: Motion to Reopen: 90-Day Deadline
reopening deadline client counseling should cover motion-reopen-90-day-deadline-practice-13; 90-day motion clock the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen chronology should isolate motion-reopen-90-day-deadline-practice-13; ninety-day reopening records should distinguish agency action from court action. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-practice-13; reopening deadline new evidence and existing-record legal error should not be conflated. ninety-day reopening preservation should record motion-reopen-90-day-deadline-practice-13; timely motion to reopen the docket should contain the request, opposition, ruling, and legal basis. reopening deadline client counseling should cover motion-reopen-90-day-deadline-practice-13; 90-day motion clock the written advice should explain consequences of removal, departure, motions, and stays.
timely motion to reopen chronology should isolate motion-reopen-90-day-deadline-practice-13; ninety-day reopening records should distinguish agency action from court action. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-practice-13; reopening deadline new evidence and existing-record legal error should not be conflated. ninety-day reopening preservation should record motion-reopen-90-day-deadline-practice-13; timely motion to reopen the docket should contain the request, opposition, ruling, and legal basis. reopening deadline client counseling should cover motion-reopen-90-day-deadline-practice-13; 90-day motion clock the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen chronology should isolate motion-reopen-90-day-deadline-practice-13; ninety-day reopening records should distinguish agency action from court action.
90-day motion clock motion practice should develop motion-reopen-90-day-deadline-practice-13; reopening deadline new evidence and existing-record legal error should not be conflated. ninety-day reopening preservation should record motion-reopen-90-day-deadline-practice-13; timely motion to reopen the docket should contain the request, opposition, ruling, and legal basis. reopening deadline client counseling should cover motion-reopen-90-day-deadline-practice-13; 90-day motion clock the written advice should explain consequences of removal, departure, motions, and stays. timely motion to reopen chronology should isolate motion-reopen-90-day-deadline-practice-13; ninety-day reopening records should distinguish agency action from court action. 90-day motion clock motion practice should develop motion-reopen-90-day-deadline-practice-13; reopening deadline new evidence and existing-record legal error should not be conflated.
Appeal and Review Preservation: Motion to Reopen: 90-Day Deadline
timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-practice-14; ninety-day reopening counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock federal-review planning should consider motion-reopen-90-day-deadline-practice-14; reopening deadline agency deadlines and petition-for-review deadlines should be separately calendared. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-practice-14; timely motion to reopen assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline briefing should explain motion-reopen-90-day-deadline-practice-14; 90-day motion clock argument should state whether the issue concerns finality, reopening, a stay, or judicial review. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-practice-14; ninety-day reopening counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial.
90-day motion clock federal-review planning should consider motion-reopen-90-day-deadline-practice-14; reopening deadline agency deadlines and petition-for-review deadlines should be separately calendared. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-practice-14; timely motion to reopen assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline briefing should explain motion-reopen-90-day-deadline-practice-14; 90-day motion clock argument should state whether the issue concerns finality, reopening, a stay, or judicial review. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-practice-14; ninety-day reopening counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock federal-review planning should consider motion-reopen-90-day-deadline-practice-14; reopening deadline agency deadlines and petition-for-review deadlines should be separately calendared.
ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-practice-14; timely motion to reopen assumptions about service, receipt, departure, or filing should be replaced with documentary proof. reopening deadline briefing should explain motion-reopen-90-day-deadline-practice-14; 90-day motion clock argument should state whether the issue concerns finality, reopening, a stay, or judicial review. timely motion to reopen stay practice should evaluate motion-reopen-90-day-deadline-practice-14; ninety-day reopening counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. 90-day motion clock federal-review planning should consider motion-reopen-90-day-deadline-practice-14; reopening deadline agency deadlines and petition-for-review deadlines should be separately calendared. ninety-day reopening factual audit should revisit motion-reopen-90-day-deadline-practice-14; timely motion to reopen assumptions about service, receipt, departure, or filing should be replaced with documentary proof.
Primary Legal Authorities and Sources
- 8 U.S.C. §1229a — Removal Proceedings; Motions to Reopen and Reconsider Primary statute governing removal proceedings, motions to reconsider, motions to reopen, and in absentia rescission.
- 8 C.F.R. §1003.2 — Reopening or Reconsideration Before the Board Current Board regulation governing motions to reopen, motions to reconsider, stays, and sua sponte authority.
- 8 C.F.R. §1003.23 — Reopening or Reconsideration Before the Immigration Court Current Immigration Court regulation governing motions to reopen, reconsider, in absentia rescission, and stays.
- EOIR BIA Precedent Chart — Motions to Reopen, Reconsider, and Remand Official EOIR precedent chart collecting governing motion precedents.
- EOIR — Motions to Reopen Current EOIR public guidance describing motion-to-reopen filing rules.
- EOIR Precedent Decisions — Volume 29 Official EOIR source for 2025–2026 precedents, including Herrera-Nunez, M-M-L-J-, A-K-R-, R-P-L-, and J-A-N-M-.
Frequently Asked Questions
What is the main rule for motion to reopen 90 day deadline immigration?
What deadline matters most for motion to reopen 90 day deadline immigration?
Does filing automatically stay removal in a motion to reopen 90 day deadline immigration case?
What records are important for motion to reopen 90 day deadline immigration?
Can a motion and a petition for review be pending at the same time?
How should motion to reopen 90 day deadline immigration be preserved for review?
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