Motion to Reconsider: The 30-Day Deadline and One-Motion Rule
A party generally must file a motion to reconsider within 30 days of the final administrative decision. This page addresses filing, evidence, exceptions, and current EOIR practice.
A party generally must file a motion to reconsider within 30 days of the final administrative decision. A party generally may file only one motion to reconsider. Reconsideration is based on the existing record rather than new evidence.
Core Standard
30-day reconsideration rule core standard starts with the final order. 30-day reconsideration rule core standard identifies the current tribunal. 30-day reconsideration rule core standard applies this rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule core standard checks every prior motion. 30-day reconsideration rule core standard states the requested remedy. 30-day reconsideration rule core standard separates reopening from reconsideration. 30-day reconsideration rule core standard identifies any claimed exception.
30-day reconsideration rule core standard uses evidence tied to procedure. 30-day reconsideration rule core standard avoids unsupported factual assertions. 30-day reconsideration rule core standard applies this additional rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule core standard cites affidavits and exhibits precisely. 30-day reconsideration rule core standard explains prior unavailability when required. 30-day reconsideration rule core standard addresses contrary record material. 30-day reconsideration rule core standard connects procedure to requested relief.
30-day reconsideration rule core standard should produce a reviewable ruling. 30-day reconsideration rule core standard preserves timeliness disputes. 30-day reconsideration rule core standard preserves numerical-limit disputes. 30-day reconsideration rule core standard applies this preservation rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule core standard records the DHS position. 30-day reconsideration rule core standard requests findings on disputed requirements. 30-day reconsideration rule core standard treats any stay separately.
Authority
30-day reconsideration rule authority starts with the final order. 30-day reconsideration rule authority identifies the current tribunal. 30-day reconsideration rule authority applies this rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule authority checks every prior motion. 30-day reconsideration rule authority states the requested remedy. 30-day reconsideration rule authority separates reopening from reconsideration. 30-day reconsideration rule authority identifies any claimed exception.
30-day reconsideration rule authority uses evidence tied to procedure. 30-day reconsideration rule authority avoids unsupported factual assertions. 30-day reconsideration rule authority applies this additional rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule authority cites affidavits and exhibits precisely. 30-day reconsideration rule authority explains prior unavailability when required. 30-day reconsideration rule authority addresses contrary record material. 30-day reconsideration rule authority connects procedure to requested relief.
30-day reconsideration rule authority should produce a reviewable ruling. 30-day reconsideration rule authority preserves timeliness disputes. 30-day reconsideration rule authority preserves numerical-limit disputes. 30-day reconsideration rule authority applies this preservation rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule authority records the DHS position. 30-day reconsideration rule authority requests findings on disputed requirements. 30-day reconsideration rule authority treats any stay separately.
Forum
30-day reconsideration rule forum starts with the final order. 30-day reconsideration rule forum identifies the current tribunal. 30-day reconsideration rule forum applies this rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule forum checks every prior motion. 30-day reconsideration rule forum states the requested remedy. 30-day reconsideration rule forum separates reopening from reconsideration. 30-day reconsideration rule forum identifies any claimed exception.
30-day reconsideration rule forum uses evidence tied to procedure. 30-day reconsideration rule forum avoids unsupported factual assertions. 30-day reconsideration rule forum applies this additional rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule forum cites affidavits and exhibits precisely. 30-day reconsideration rule forum explains prior unavailability when required. 30-day reconsideration rule forum addresses contrary record material. 30-day reconsideration rule forum connects procedure to requested relief.
30-day reconsideration rule forum should produce a reviewable ruling. 30-day reconsideration rule forum preserves timeliness disputes. 30-day reconsideration rule forum preserves numerical-limit disputes. 30-day reconsideration rule forum applies this preservation rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule forum records the DHS position. 30-day reconsideration rule forum requests findings on disputed requirements. 30-day reconsideration rule forum treats any stay separately.
Deadline
30-day reconsideration rule deadline starts with the final order. 30-day reconsideration rule deadline identifies the current tribunal. 30-day reconsideration rule deadline applies this rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule deadline checks every prior motion. 30-day reconsideration rule deadline states the requested remedy. 30-day reconsideration rule deadline separates reopening from reconsideration. 30-day reconsideration rule deadline identifies any claimed exception.
30-day reconsideration rule deadline uses evidence tied to procedure. 30-day reconsideration rule deadline avoids unsupported factual assertions. 30-day reconsideration rule deadline applies this additional rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule deadline cites affidavits and exhibits precisely. 30-day reconsideration rule deadline explains prior unavailability when required. 30-day reconsideration rule deadline addresses contrary record material. 30-day reconsideration rule deadline connects procedure to requested relief.
30-day reconsideration rule deadline should produce a reviewable ruling. 30-day reconsideration rule deadline preserves timeliness disputes. 30-day reconsideration rule deadline preserves numerical-limit disputes. 30-day reconsideration rule deadline applies this preservation rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule deadline records the DHS position. 30-day reconsideration rule deadline requests findings on disputed requirements. 30-day reconsideration rule deadline treats any stay separately.
Number Rule
30-day reconsideration rule number rule starts with the final order. 30-day reconsideration rule number rule identifies the current tribunal. 30-day reconsideration rule number rule applies this rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule number rule checks every prior motion. 30-day reconsideration rule number rule states the requested remedy. 30-day reconsideration rule number rule separates reopening from reconsideration. 30-day reconsideration rule number rule identifies any claimed exception.
30-day reconsideration rule number rule uses evidence tied to procedure. 30-day reconsideration rule number rule avoids unsupported factual assertions. 30-day reconsideration rule number rule applies this additional rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule number rule cites affidavits and exhibits precisely. 30-day reconsideration rule number rule explains prior unavailability when required. 30-day reconsideration rule number rule addresses contrary record material. 30-day reconsideration rule number rule connects procedure to requested relief.
30-day reconsideration rule number rule should produce a reviewable ruling. 30-day reconsideration rule number rule preserves timeliness disputes. 30-day reconsideration rule number rule preserves numerical-limit disputes. 30-day reconsideration rule number rule applies this preservation rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule number rule records the DHS position. 30-day reconsideration rule number rule requests findings on disputed requirements. 30-day reconsideration rule number rule treats any stay separately.
Evidence
30-day reconsideration rule evidence starts with the final order. 30-day reconsideration rule evidence identifies the current tribunal. 30-day reconsideration rule evidence applies this rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule evidence checks every prior motion. 30-day reconsideration rule evidence states the requested remedy. 30-day reconsideration rule evidence separates reopening from reconsideration. 30-day reconsideration rule evidence identifies any claimed exception.
30-day reconsideration rule evidence uses evidence tied to procedure. 30-day reconsideration rule evidence avoids unsupported factual assertions. 30-day reconsideration rule evidence applies this additional rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule evidence cites affidavits and exhibits precisely. 30-day reconsideration rule evidence explains prior unavailability when required. 30-day reconsideration rule evidence addresses contrary record material. 30-day reconsideration rule evidence connects procedure to requested relief.
30-day reconsideration rule evidence should produce a reviewable ruling. 30-day reconsideration rule evidence preserves timeliness disputes. 30-day reconsideration rule evidence preserves numerical-limit disputes. 30-day reconsideration rule evidence applies this preservation rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule evidence records the DHS position. 30-day reconsideration rule evidence requests findings on disputed requirements. 30-day reconsideration rule evidence treats any stay separately.
Materiality
30-day reconsideration rule materiality starts with the final order. 30-day reconsideration rule materiality identifies the current tribunal. 30-day reconsideration rule materiality applies this rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule materiality checks every prior motion. 30-day reconsideration rule materiality states the requested remedy. 30-day reconsideration rule materiality separates reopening from reconsideration. 30-day reconsideration rule materiality identifies any claimed exception.
30-day reconsideration rule materiality uses evidence tied to procedure. 30-day reconsideration rule materiality avoids unsupported factual assertions. 30-day reconsideration rule materiality applies this additional rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule materiality cites affidavits and exhibits precisely. 30-day reconsideration rule materiality explains prior unavailability when required. 30-day reconsideration rule materiality addresses contrary record material. 30-day reconsideration rule materiality connects procedure to requested relief.
30-day reconsideration rule materiality should produce a reviewable ruling. 30-day reconsideration rule materiality preserves timeliness disputes. 30-day reconsideration rule materiality preserves numerical-limit disputes. 30-day reconsideration rule materiality applies this preservation rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule materiality records the DHS position. 30-day reconsideration rule materiality requests findings on disputed requirements. 30-day reconsideration rule materiality treats any stay separately.
Exceptions
30-day reconsideration rule exceptions starts with the final order. 30-day reconsideration rule exceptions identifies the current tribunal. 30-day reconsideration rule exceptions applies this rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule exceptions checks every prior motion. 30-day reconsideration rule exceptions states the requested remedy. 30-day reconsideration rule exceptions separates reopening from reconsideration. 30-day reconsideration rule exceptions identifies any claimed exception.
30-day reconsideration rule exceptions uses evidence tied to procedure. 30-day reconsideration rule exceptions avoids unsupported factual assertions. 30-day reconsideration rule exceptions applies this additional rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule exceptions cites affidavits and exhibits precisely. 30-day reconsideration rule exceptions explains prior unavailability when required. 30-day reconsideration rule exceptions addresses contrary record material. 30-day reconsideration rule exceptions connects procedure to requested relief.
30-day reconsideration rule exceptions should produce a reviewable ruling. 30-day reconsideration rule exceptions preserves timeliness disputes. 30-day reconsideration rule exceptions preserves numerical-limit disputes. 30-day reconsideration rule exceptions applies this preservation rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule exceptions records the DHS position. 30-day reconsideration rule exceptions requests findings on disputed requirements. 30-day reconsideration rule exceptions treats any stay separately.
DHS Response
30-day reconsideration rule dhs response starts with the final order. 30-day reconsideration rule dhs response identifies the current tribunal. 30-day reconsideration rule dhs response applies this rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule dhs response checks every prior motion. 30-day reconsideration rule dhs response states the requested remedy. 30-day reconsideration rule dhs response separates reopening from reconsideration. 30-day reconsideration rule dhs response identifies any claimed exception.
30-day reconsideration rule dhs response uses evidence tied to procedure. 30-day reconsideration rule dhs response avoids unsupported factual assertions. 30-day reconsideration rule dhs response applies this additional rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule dhs response cites affidavits and exhibits precisely. 30-day reconsideration rule dhs response explains prior unavailability when required. 30-day reconsideration rule dhs response addresses contrary record material. 30-day reconsideration rule dhs response connects procedure to requested relief.
30-day reconsideration rule dhs response should produce a reviewable ruling. 30-day reconsideration rule dhs response preserves timeliness disputes. 30-day reconsideration rule dhs response preserves numerical-limit disputes. 30-day reconsideration rule dhs response applies this preservation rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule dhs response records the DHS position. 30-day reconsideration rule dhs response requests findings on disputed requirements. 30-day reconsideration rule dhs response treats any stay separately.
Respondent Proof
30-day reconsideration rule respondent proof starts with the final order. 30-day reconsideration rule respondent proof identifies the current tribunal. 30-day reconsideration rule respondent proof applies this rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule respondent proof checks every prior motion. 30-day reconsideration rule respondent proof states the requested remedy. 30-day reconsideration rule respondent proof separates reopening from reconsideration. 30-day reconsideration rule respondent proof identifies any claimed exception.
30-day reconsideration rule respondent proof uses evidence tied to procedure. 30-day reconsideration rule respondent proof avoids unsupported factual assertions. 30-day reconsideration rule respondent proof applies this additional rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule respondent proof cites affidavits and exhibits precisely. 30-day reconsideration rule respondent proof explains prior unavailability when required. 30-day reconsideration rule respondent proof addresses contrary record material. 30-day reconsideration rule respondent proof connects procedure to requested relief.
30-day reconsideration rule respondent proof should produce a reviewable ruling. 30-day reconsideration rule respondent proof preserves timeliness disputes. 30-day reconsideration rule respondent proof preserves numerical-limit disputes. 30-day reconsideration rule respondent proof applies this preservation rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule respondent proof records the DHS position. 30-day reconsideration rule respondent proof requests findings on disputed requirements. 30-day reconsideration rule respondent proof treats any stay separately.
Drafting
30-day reconsideration rule drafting starts with the final order. 30-day reconsideration rule drafting identifies the current tribunal. 30-day reconsideration rule drafting applies this rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule drafting checks every prior motion. 30-day reconsideration rule drafting states the requested remedy. 30-day reconsideration rule drafting separates reopening from reconsideration. 30-day reconsideration rule drafting identifies any claimed exception.
30-day reconsideration rule drafting uses evidence tied to procedure. 30-day reconsideration rule drafting avoids unsupported factual assertions. 30-day reconsideration rule drafting applies this additional rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule drafting cites affidavits and exhibits precisely. 30-day reconsideration rule drafting explains prior unavailability when required. 30-day reconsideration rule drafting addresses contrary record material. 30-day reconsideration rule drafting connects procedure to requested relief.
30-day reconsideration rule drafting should produce a reviewable ruling. 30-day reconsideration rule drafting preserves timeliness disputes. 30-day reconsideration rule drafting preserves numerical-limit disputes. 30-day reconsideration rule drafting applies this preservation rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule drafting records the DHS position. 30-day reconsideration rule drafting requests findings on disputed requirements. 30-day reconsideration rule drafting treats any stay separately.
Stay Issues
30-day reconsideration rule stay issues starts with the final order. 30-day reconsideration rule stay issues identifies the current tribunal. 30-day reconsideration rule stay issues applies this rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule stay issues checks every prior motion. 30-day reconsideration rule stay issues states the requested remedy. 30-day reconsideration rule stay issues separates reopening from reconsideration. 30-day reconsideration rule stay issues identifies any claimed exception.
30-day reconsideration rule stay issues uses evidence tied to procedure. 30-day reconsideration rule stay issues avoids unsupported factual assertions. 30-day reconsideration rule stay issues applies this additional rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule stay issues cites affidavits and exhibits precisely. 30-day reconsideration rule stay issues explains prior unavailability when required. 30-day reconsideration rule stay issues addresses contrary record material. 30-day reconsideration rule stay issues connects procedure to requested relief.
30-day reconsideration rule stay issues should produce a reviewable ruling. 30-day reconsideration rule stay issues preserves timeliness disputes. 30-day reconsideration rule stay issues preserves numerical-limit disputes. 30-day reconsideration rule stay issues applies this preservation rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule stay issues records the DHS position. 30-day reconsideration rule stay issues requests findings on disputed requirements. 30-day reconsideration rule stay issues treats any stay separately.
Relief Effect
30-day reconsideration rule relief effect starts with the final order. 30-day reconsideration rule relief effect identifies the current tribunal. 30-day reconsideration rule relief effect applies this rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule relief effect checks every prior motion. 30-day reconsideration rule relief effect states the requested remedy. 30-day reconsideration rule relief effect separates reopening from reconsideration. 30-day reconsideration rule relief effect identifies any claimed exception.
30-day reconsideration rule relief effect uses evidence tied to procedure. 30-day reconsideration rule relief effect avoids unsupported factual assertions. 30-day reconsideration rule relief effect applies this additional rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule relief effect cites affidavits and exhibits precisely. 30-day reconsideration rule relief effect explains prior unavailability when required. 30-day reconsideration rule relief effect addresses contrary record material. 30-day reconsideration rule relief effect connects procedure to requested relief.
30-day reconsideration rule relief effect should produce a reviewable ruling. 30-day reconsideration rule relief effect preserves timeliness disputes. 30-day reconsideration rule relief effect preserves numerical-limit disputes. 30-day reconsideration rule relief effect applies this preservation rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule relief effect records the DHS position. 30-day reconsideration rule relief effect requests findings on disputed requirements. 30-day reconsideration rule relief effect treats any stay separately.
Review
30-day reconsideration rule review starts with the final order. 30-day reconsideration rule review identifies the current tribunal. 30-day reconsideration rule review applies this rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule review checks every prior motion. 30-day reconsideration rule review states the requested remedy. 30-day reconsideration rule review separates reopening from reconsideration. 30-day reconsideration rule review identifies any claimed exception.
30-day reconsideration rule review uses evidence tied to procedure. 30-day reconsideration rule review avoids unsupported factual assertions. 30-day reconsideration rule review applies this additional rule: A party generally must file a motion to reconsider within 30 days of the final administrative decision. 30-day reconsideration rule review cites affidavits and exhibits precisely. 30-day reconsideration rule review explains prior unavailability when required. 30-day reconsideration rule review addresses contrary record material. 30-day reconsideration rule review connects procedure to requested relief.
30-day reconsideration rule review should produce a reviewable ruling. 30-day reconsideration rule review preserves timeliness disputes. 30-day reconsideration rule review preserves numerical-limit disputes. 30-day reconsideration rule review applies this preservation rule: Reconsideration is based on the existing record rather than new evidence. 30-day reconsideration rule review records the DHS position. 30-day reconsideration rule review requests findings on disputed requirements. 30-day reconsideration rule review treats any stay separately.
Checklist
30-day reconsideration rule checklist starts with the final order. 30-day reconsideration rule checklist identifies the current tribunal. 30-day reconsideration rule checklist applies this rule: Agency sua sponte reconsideration authority is distinct from a party's limited motion. 30-day reconsideration rule checklist checks every prior motion. 30-day reconsideration rule checklist states the requested remedy. 30-day reconsideration rule checklist separates reopening from reconsideration. 30-day reconsideration rule checklist identifies any claimed exception.
30-day reconsideration rule checklist uses evidence tied to procedure. 30-day reconsideration rule checklist avoids unsupported factual assertions. 30-day reconsideration rule checklist applies this additional rule: A party generally may file only one motion to reconsider. 30-day reconsideration rule checklist cites affidavits and exhibits precisely. 30-day reconsideration rule checklist explains prior unavailability when required. 30-day reconsideration rule checklist addresses contrary record material. 30-day reconsideration rule checklist connects procedure to requested relief.
30-day reconsideration rule checklist should produce a reviewable ruling. 30-day reconsideration rule checklist preserves timeliness disputes. 30-day reconsideration rule checklist preserves numerical-limit disputes. 30-day reconsideration rule checklist applies this preservation rule: The filing must identify legal or factual error with particularity. 30-day reconsideration rule checklist records the DHS position. 30-day reconsideration rule checklist requests findings on disputed requirements. 30-day reconsideration rule checklist treats any stay separately.
Primary Legal Authorities and Sources
- EOIR Board Practice Manual 4.7 — Motions to Reconsider Current BIA reconsideration guidance.
- EOIR Immigration Court Practice Manual 4.8 — Motions to Reconsider Current Immigration Court reconsideration guidance.
- Matter of O-S-G-, 24 I&N Dec. 56 (BIA 2006) BIA precedent on particularized reconsideration error.
- 8 U.S.C. §1229a — Removal Proceedings Current INA §240(c)(7) motion statute.
- 8 C.F.R. §1003.2 — BIA Reopening and Reconsideration Current BIA reopening and reconsideration regulation.
- 8 C.F.R. §1003.23 — Immigration Judge Reopening and Reconsideration Current Immigration Judge reopening and reconsideration regulation.
Frequently Asked Questions
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