Reconsideration Based on a Change in Law and the Existing Record
A motion to reconsider can identify a change in law that materially affects the prior decision. This page addresses filing, evidence, exceptions, and current EOIR practice.
A motion to reconsider can identify a change in law that materially affects the prior decision. Reconsideration remains based on the existing record and ordinarily does not introduce new facts. The filing should identify the new authority and explain how it changes the prior legal analysis.
Core Standard
change-in-law reconsideration core standard starts with the final order. change-in-law reconsideration core standard identifies the current tribunal. change-in-law reconsideration core standard applies this rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration core standard checks every prior motion. change-in-law reconsideration core standard states the requested remedy. change-in-law reconsideration core standard separates reopening from reconsideration. change-in-law reconsideration core standard identifies any claimed exception.
change-in-law reconsideration core standard uses evidence tied to procedure. change-in-law reconsideration core standard avoids unsupported factual assertions. change-in-law reconsideration core standard applies this additional rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration core standard cites affidavits and exhibits precisely. change-in-law reconsideration core standard explains prior unavailability when required. change-in-law reconsideration core standard addresses contrary record material. change-in-law reconsideration core standard connects procedure to requested relief.
change-in-law reconsideration core standard should produce a reviewable ruling. change-in-law reconsideration core standard preserves timeliness disputes. change-in-law reconsideration core standard preserves numerical-limit disputes. change-in-law reconsideration core standard applies this preservation rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration core standard records the DHS position. change-in-law reconsideration core standard requests findings on disputed requirements. change-in-law reconsideration core standard treats any stay separately.
Authority
change-in-law reconsideration authority starts with the final order. change-in-law reconsideration authority identifies the current tribunal. change-in-law reconsideration authority applies this rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration authority checks every prior motion. change-in-law reconsideration authority states the requested remedy. change-in-law reconsideration authority separates reopening from reconsideration. change-in-law reconsideration authority identifies any claimed exception.
change-in-law reconsideration authority uses evidence tied to procedure. change-in-law reconsideration authority avoids unsupported factual assertions. change-in-law reconsideration authority applies this additional rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration authority cites affidavits and exhibits precisely. change-in-law reconsideration authority explains prior unavailability when required. change-in-law reconsideration authority addresses contrary record material. change-in-law reconsideration authority connects procedure to requested relief.
change-in-law reconsideration authority should produce a reviewable ruling. change-in-law reconsideration authority preserves timeliness disputes. change-in-law reconsideration authority preserves numerical-limit disputes. change-in-law reconsideration authority applies this preservation rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration authority records the DHS position. change-in-law reconsideration authority requests findings on disputed requirements. change-in-law reconsideration authority treats any stay separately.
Forum
change-in-law reconsideration forum starts with the final order. change-in-law reconsideration forum identifies the current tribunal. change-in-law reconsideration forum applies this rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration forum checks every prior motion. change-in-law reconsideration forum states the requested remedy. change-in-law reconsideration forum separates reopening from reconsideration. change-in-law reconsideration forum identifies any claimed exception.
change-in-law reconsideration forum uses evidence tied to procedure. change-in-law reconsideration forum avoids unsupported factual assertions. change-in-law reconsideration forum applies this additional rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration forum cites affidavits and exhibits precisely. change-in-law reconsideration forum explains prior unavailability when required. change-in-law reconsideration forum addresses contrary record material. change-in-law reconsideration forum connects procedure to requested relief.
change-in-law reconsideration forum should produce a reviewable ruling. change-in-law reconsideration forum preserves timeliness disputes. change-in-law reconsideration forum preserves numerical-limit disputes. change-in-law reconsideration forum applies this preservation rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration forum records the DHS position. change-in-law reconsideration forum requests findings on disputed requirements. change-in-law reconsideration forum treats any stay separately.
Deadline
change-in-law reconsideration deadline starts with the final order. change-in-law reconsideration deadline identifies the current tribunal. change-in-law reconsideration deadline applies this rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration deadline checks every prior motion. change-in-law reconsideration deadline states the requested remedy. change-in-law reconsideration deadline separates reopening from reconsideration. change-in-law reconsideration deadline identifies any claimed exception.
change-in-law reconsideration deadline uses evidence tied to procedure. change-in-law reconsideration deadline avoids unsupported factual assertions. change-in-law reconsideration deadline applies this additional rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration deadline cites affidavits and exhibits precisely. change-in-law reconsideration deadline explains prior unavailability when required. change-in-law reconsideration deadline addresses contrary record material. change-in-law reconsideration deadline connects procedure to requested relief.
change-in-law reconsideration deadline should produce a reviewable ruling. change-in-law reconsideration deadline preserves timeliness disputes. change-in-law reconsideration deadline preserves numerical-limit disputes. change-in-law reconsideration deadline applies this preservation rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration deadline records the DHS position. change-in-law reconsideration deadline requests findings on disputed requirements. change-in-law reconsideration deadline treats any stay separately.
Number Rule
change-in-law reconsideration number rule starts with the final order. change-in-law reconsideration number rule identifies the current tribunal. change-in-law reconsideration number rule applies this rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration number rule checks every prior motion. change-in-law reconsideration number rule states the requested remedy. change-in-law reconsideration number rule separates reopening from reconsideration. change-in-law reconsideration number rule identifies any claimed exception.
change-in-law reconsideration number rule uses evidence tied to procedure. change-in-law reconsideration number rule avoids unsupported factual assertions. change-in-law reconsideration number rule applies this additional rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration number rule cites affidavits and exhibits precisely. change-in-law reconsideration number rule explains prior unavailability when required. change-in-law reconsideration number rule addresses contrary record material. change-in-law reconsideration number rule connects procedure to requested relief.
change-in-law reconsideration number rule should produce a reviewable ruling. change-in-law reconsideration number rule preserves timeliness disputes. change-in-law reconsideration number rule preserves numerical-limit disputes. change-in-law reconsideration number rule applies this preservation rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration number rule records the DHS position. change-in-law reconsideration number rule requests findings on disputed requirements. change-in-law reconsideration number rule treats any stay separately.
Evidence
change-in-law reconsideration evidence starts with the final order. change-in-law reconsideration evidence identifies the current tribunal. change-in-law reconsideration evidence applies this rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration evidence checks every prior motion. change-in-law reconsideration evidence states the requested remedy. change-in-law reconsideration evidence separates reopening from reconsideration. change-in-law reconsideration evidence identifies any claimed exception.
change-in-law reconsideration evidence uses evidence tied to procedure. change-in-law reconsideration evidence avoids unsupported factual assertions. change-in-law reconsideration evidence applies this additional rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration evidence cites affidavits and exhibits precisely. change-in-law reconsideration evidence explains prior unavailability when required. change-in-law reconsideration evidence addresses contrary record material. change-in-law reconsideration evidence connects procedure to requested relief.
change-in-law reconsideration evidence should produce a reviewable ruling. change-in-law reconsideration evidence preserves timeliness disputes. change-in-law reconsideration evidence preserves numerical-limit disputes. change-in-law reconsideration evidence applies this preservation rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration evidence records the DHS position. change-in-law reconsideration evidence requests findings on disputed requirements. change-in-law reconsideration evidence treats any stay separately.
Materiality
change-in-law reconsideration materiality starts with the final order. change-in-law reconsideration materiality identifies the current tribunal. change-in-law reconsideration materiality applies this rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration materiality checks every prior motion. change-in-law reconsideration materiality states the requested remedy. change-in-law reconsideration materiality separates reopening from reconsideration. change-in-law reconsideration materiality identifies any claimed exception.
change-in-law reconsideration materiality uses evidence tied to procedure. change-in-law reconsideration materiality avoids unsupported factual assertions. change-in-law reconsideration materiality applies this additional rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration materiality cites affidavits and exhibits precisely. change-in-law reconsideration materiality explains prior unavailability when required. change-in-law reconsideration materiality addresses contrary record material. change-in-law reconsideration materiality connects procedure to requested relief.
change-in-law reconsideration materiality should produce a reviewable ruling. change-in-law reconsideration materiality preserves timeliness disputes. change-in-law reconsideration materiality preserves numerical-limit disputes. change-in-law reconsideration materiality applies this preservation rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration materiality records the DHS position. change-in-law reconsideration materiality requests findings on disputed requirements. change-in-law reconsideration materiality treats any stay separately.
Exceptions
change-in-law reconsideration exceptions starts with the final order. change-in-law reconsideration exceptions identifies the current tribunal. change-in-law reconsideration exceptions applies this rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration exceptions checks every prior motion. change-in-law reconsideration exceptions states the requested remedy. change-in-law reconsideration exceptions separates reopening from reconsideration. change-in-law reconsideration exceptions identifies any claimed exception.
change-in-law reconsideration exceptions uses evidence tied to procedure. change-in-law reconsideration exceptions avoids unsupported factual assertions. change-in-law reconsideration exceptions applies this additional rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration exceptions cites affidavits and exhibits precisely. change-in-law reconsideration exceptions explains prior unavailability when required. change-in-law reconsideration exceptions addresses contrary record material. change-in-law reconsideration exceptions connects procedure to requested relief.
change-in-law reconsideration exceptions should produce a reviewable ruling. change-in-law reconsideration exceptions preserves timeliness disputes. change-in-law reconsideration exceptions preserves numerical-limit disputes. change-in-law reconsideration exceptions applies this preservation rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration exceptions records the DHS position. change-in-law reconsideration exceptions requests findings on disputed requirements. change-in-law reconsideration exceptions treats any stay separately.
DHS Response
change-in-law reconsideration dhs response starts with the final order. change-in-law reconsideration dhs response identifies the current tribunal. change-in-law reconsideration dhs response applies this rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration dhs response checks every prior motion. change-in-law reconsideration dhs response states the requested remedy. change-in-law reconsideration dhs response separates reopening from reconsideration. change-in-law reconsideration dhs response identifies any claimed exception.
change-in-law reconsideration dhs response uses evidence tied to procedure. change-in-law reconsideration dhs response avoids unsupported factual assertions. change-in-law reconsideration dhs response applies this additional rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration dhs response cites affidavits and exhibits precisely. change-in-law reconsideration dhs response explains prior unavailability when required. change-in-law reconsideration dhs response addresses contrary record material. change-in-law reconsideration dhs response connects procedure to requested relief.
change-in-law reconsideration dhs response should produce a reviewable ruling. change-in-law reconsideration dhs response preserves timeliness disputes. change-in-law reconsideration dhs response preserves numerical-limit disputes. change-in-law reconsideration dhs response applies this preservation rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration dhs response records the DHS position. change-in-law reconsideration dhs response requests findings on disputed requirements. change-in-law reconsideration dhs response treats any stay separately.
Respondent Proof
change-in-law reconsideration respondent proof starts with the final order. change-in-law reconsideration respondent proof identifies the current tribunal. change-in-law reconsideration respondent proof applies this rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration respondent proof checks every prior motion. change-in-law reconsideration respondent proof states the requested remedy. change-in-law reconsideration respondent proof separates reopening from reconsideration. change-in-law reconsideration respondent proof identifies any claimed exception.
change-in-law reconsideration respondent proof uses evidence tied to procedure. change-in-law reconsideration respondent proof avoids unsupported factual assertions. change-in-law reconsideration respondent proof applies this additional rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration respondent proof cites affidavits and exhibits precisely. change-in-law reconsideration respondent proof explains prior unavailability when required. change-in-law reconsideration respondent proof addresses contrary record material. change-in-law reconsideration respondent proof connects procedure to requested relief.
change-in-law reconsideration respondent proof should produce a reviewable ruling. change-in-law reconsideration respondent proof preserves timeliness disputes. change-in-law reconsideration respondent proof preserves numerical-limit disputes. change-in-law reconsideration respondent proof applies this preservation rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration respondent proof records the DHS position. change-in-law reconsideration respondent proof requests findings on disputed requirements. change-in-law reconsideration respondent proof treats any stay separately.
Drafting
change-in-law reconsideration drafting starts with the final order. change-in-law reconsideration drafting identifies the current tribunal. change-in-law reconsideration drafting applies this rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration drafting checks every prior motion. change-in-law reconsideration drafting states the requested remedy. change-in-law reconsideration drafting separates reopening from reconsideration. change-in-law reconsideration drafting identifies any claimed exception.
change-in-law reconsideration drafting uses evidence tied to procedure. change-in-law reconsideration drafting avoids unsupported factual assertions. change-in-law reconsideration drafting applies this additional rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration drafting cites affidavits and exhibits precisely. change-in-law reconsideration drafting explains prior unavailability when required. change-in-law reconsideration drafting addresses contrary record material. change-in-law reconsideration drafting connects procedure to requested relief.
change-in-law reconsideration drafting should produce a reviewable ruling. change-in-law reconsideration drafting preserves timeliness disputes. change-in-law reconsideration drafting preserves numerical-limit disputes. change-in-law reconsideration drafting applies this preservation rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration drafting records the DHS position. change-in-law reconsideration drafting requests findings on disputed requirements. change-in-law reconsideration drafting treats any stay separately.
Stay Issues
change-in-law reconsideration stay issues starts with the final order. change-in-law reconsideration stay issues identifies the current tribunal. change-in-law reconsideration stay issues applies this rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration stay issues checks every prior motion. change-in-law reconsideration stay issues states the requested remedy. change-in-law reconsideration stay issues separates reopening from reconsideration. change-in-law reconsideration stay issues identifies any claimed exception.
change-in-law reconsideration stay issues uses evidence tied to procedure. change-in-law reconsideration stay issues avoids unsupported factual assertions. change-in-law reconsideration stay issues applies this additional rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration stay issues cites affidavits and exhibits precisely. change-in-law reconsideration stay issues explains prior unavailability when required. change-in-law reconsideration stay issues addresses contrary record material. change-in-law reconsideration stay issues connects procedure to requested relief.
change-in-law reconsideration stay issues should produce a reviewable ruling. change-in-law reconsideration stay issues preserves timeliness disputes. change-in-law reconsideration stay issues preserves numerical-limit disputes. change-in-law reconsideration stay issues applies this preservation rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration stay issues records the DHS position. change-in-law reconsideration stay issues requests findings on disputed requirements. change-in-law reconsideration stay issues treats any stay separately.
Relief Effect
change-in-law reconsideration relief effect starts with the final order. change-in-law reconsideration relief effect identifies the current tribunal. change-in-law reconsideration relief effect applies this rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration relief effect checks every prior motion. change-in-law reconsideration relief effect states the requested remedy. change-in-law reconsideration relief effect separates reopening from reconsideration. change-in-law reconsideration relief effect identifies any claimed exception.
change-in-law reconsideration relief effect uses evidence tied to procedure. change-in-law reconsideration relief effect avoids unsupported factual assertions. change-in-law reconsideration relief effect applies this additional rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration relief effect cites affidavits and exhibits precisely. change-in-law reconsideration relief effect explains prior unavailability when required. change-in-law reconsideration relief effect addresses contrary record material. change-in-law reconsideration relief effect connects procedure to requested relief.
change-in-law reconsideration relief effect should produce a reviewable ruling. change-in-law reconsideration relief effect preserves timeliness disputes. change-in-law reconsideration relief effect preserves numerical-limit disputes. change-in-law reconsideration relief effect applies this preservation rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration relief effect records the DHS position. change-in-law reconsideration relief effect requests findings on disputed requirements. change-in-law reconsideration relief effect treats any stay separately.
Review
change-in-law reconsideration review starts with the final order. change-in-law reconsideration review identifies the current tribunal. change-in-law reconsideration review applies this rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration review checks every prior motion. change-in-law reconsideration review states the requested remedy. change-in-law reconsideration review separates reopening from reconsideration. change-in-law reconsideration review identifies any claimed exception.
change-in-law reconsideration review uses evidence tied to procedure. change-in-law reconsideration review avoids unsupported factual assertions. change-in-law reconsideration review applies this additional rule: A motion to reconsider can identify a change in law that materially affects the prior decision. change-in-law reconsideration review cites affidavits and exhibits precisely. change-in-law reconsideration review explains prior unavailability when required. change-in-law reconsideration review addresses contrary record material. change-in-law reconsideration review connects procedure to requested relief.
change-in-law reconsideration review should produce a reviewable ruling. change-in-law reconsideration review preserves timeliness disputes. change-in-law reconsideration review preserves numerical-limit disputes. change-in-law reconsideration review applies this preservation rule: The filing should identify the new authority and explain how it changes the prior legal analysis. change-in-law reconsideration review records the DHS position. change-in-law reconsideration review requests findings on disputed requirements. change-in-law reconsideration review treats any stay separately.
Checklist
change-in-law reconsideration checklist starts with the final order. change-in-law reconsideration checklist identifies the current tribunal. change-in-law reconsideration checklist applies this rule: The ordinary 30-day deadline continues to govern a party's motion unless another legally valid avenue applies. change-in-law reconsideration checklist checks every prior motion. change-in-law reconsideration checklist states the requested remedy. change-in-law reconsideration checklist separates reopening from reconsideration. change-in-law reconsideration checklist identifies any claimed exception.
change-in-law reconsideration checklist uses evidence tied to procedure. change-in-law reconsideration checklist avoids unsupported factual assertions. change-in-law reconsideration checklist applies this additional rule: Reconsideration remains based on the existing record and ordinarily does not introduce new facts. change-in-law reconsideration checklist cites affidavits and exhibits precisely. change-in-law reconsideration checklist explains prior unavailability when required. change-in-law reconsideration checklist addresses contrary record material. change-in-law reconsideration checklist connects procedure to requested relief.
change-in-law reconsideration checklist should produce a reviewable ruling. change-in-law reconsideration checklist preserves timeliness disputes. change-in-law reconsideration checklist preserves numerical-limit disputes. change-in-law reconsideration checklist applies this preservation rule: A changed criminal conviction is different because EOIR guidance directs that situation to reopening rather than reconsideration. change-in-law reconsideration checklist records the DHS position. change-in-law reconsideration checklist requests findings on disputed requirements. change-in-law reconsideration 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 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.
- 8 U.S.C. §1229a — Removal Proceedings Current INA §240(c)(7) motion statute.
Frequently Asked Questions
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How should motion reconsider change law existing record be preserved for review?
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