Particularized Error in a Motion to Reconsider Under Matter of O-S-G-
Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. This page addresses filing, evidence, exceptions, and current EOIR practice.
Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous.
Core Standard
O-S-G reconsideration standard core standard starts with the final order. O-S-G reconsideration standard core standard identifies the current tribunal. O-S-G reconsideration standard core standard applies this rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard core standard checks every prior motion. O-S-G reconsideration standard core standard states the requested remedy. O-S-G reconsideration standard core standard separates reopening from reconsideration. O-S-G reconsideration standard core standard identifies any claimed exception.
O-S-G reconsideration standard core standard uses evidence tied to procedure. O-S-G reconsideration standard core standard avoids unsupported factual assertions. O-S-G reconsideration standard core standard applies this additional rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard core standard cites affidavits and exhibits precisely. O-S-G reconsideration standard core standard explains prior unavailability when required. O-S-G reconsideration standard core standard addresses contrary record material. O-S-G reconsideration standard core standard connects procedure to requested relief.
O-S-G reconsideration standard core standard should produce a reviewable ruling. O-S-G reconsideration standard core standard preserves timeliness disputes. O-S-G reconsideration standard core standard preserves numerical-limit disputes. O-S-G reconsideration standard core standard applies this preservation rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard core standard records the DHS position. O-S-G reconsideration standard core standard requests findings on disputed requirements. O-S-G reconsideration standard core standard treats any stay separately.
Authority
O-S-G reconsideration standard authority starts with the final order. O-S-G reconsideration standard authority identifies the current tribunal. O-S-G reconsideration standard authority applies this rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard authority checks every prior motion. O-S-G reconsideration standard authority states the requested remedy. O-S-G reconsideration standard authority separates reopening from reconsideration. O-S-G reconsideration standard authority identifies any claimed exception.
O-S-G reconsideration standard authority uses evidence tied to procedure. O-S-G reconsideration standard authority avoids unsupported factual assertions. O-S-G reconsideration standard authority applies this additional rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard authority cites affidavits and exhibits precisely. O-S-G reconsideration standard authority explains prior unavailability when required. O-S-G reconsideration standard authority addresses contrary record material. O-S-G reconsideration standard authority connects procedure to requested relief.
O-S-G reconsideration standard authority should produce a reviewable ruling. O-S-G reconsideration standard authority preserves timeliness disputes. O-S-G reconsideration standard authority preserves numerical-limit disputes. O-S-G reconsideration standard authority applies this preservation rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard authority records the DHS position. O-S-G reconsideration standard authority requests findings on disputed requirements. O-S-G reconsideration standard authority treats any stay separately.
Forum
O-S-G reconsideration standard forum starts with the final order. O-S-G reconsideration standard forum identifies the current tribunal. O-S-G reconsideration standard forum applies this rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard forum checks every prior motion. O-S-G reconsideration standard forum states the requested remedy. O-S-G reconsideration standard forum separates reopening from reconsideration. O-S-G reconsideration standard forum identifies any claimed exception.
O-S-G reconsideration standard forum uses evidence tied to procedure. O-S-G reconsideration standard forum avoids unsupported factual assertions. O-S-G reconsideration standard forum applies this additional rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard forum cites affidavits and exhibits precisely. O-S-G reconsideration standard forum explains prior unavailability when required. O-S-G reconsideration standard forum addresses contrary record material. O-S-G reconsideration standard forum connects procedure to requested relief.
O-S-G reconsideration standard forum should produce a reviewable ruling. O-S-G reconsideration standard forum preserves timeliness disputes. O-S-G reconsideration standard forum preserves numerical-limit disputes. O-S-G reconsideration standard forum applies this preservation rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard forum records the DHS position. O-S-G reconsideration standard forum requests findings on disputed requirements. O-S-G reconsideration standard forum treats any stay separately.
Deadline
O-S-G reconsideration standard deadline starts with the final order. O-S-G reconsideration standard deadline identifies the current tribunal. O-S-G reconsideration standard deadline applies this rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard deadline checks every prior motion. O-S-G reconsideration standard deadline states the requested remedy. O-S-G reconsideration standard deadline separates reopening from reconsideration. O-S-G reconsideration standard deadline identifies any claimed exception.
O-S-G reconsideration standard deadline uses evidence tied to procedure. O-S-G reconsideration standard deadline avoids unsupported factual assertions. O-S-G reconsideration standard deadline applies this additional rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard deadline cites affidavits and exhibits precisely. O-S-G reconsideration standard deadline explains prior unavailability when required. O-S-G reconsideration standard deadline addresses contrary record material. O-S-G reconsideration standard deadline connects procedure to requested relief.
O-S-G reconsideration standard deadline should produce a reviewable ruling. O-S-G reconsideration standard deadline preserves timeliness disputes. O-S-G reconsideration standard deadline preserves numerical-limit disputes. O-S-G reconsideration standard deadline applies this preservation rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard deadline records the DHS position. O-S-G reconsideration standard deadline requests findings on disputed requirements. O-S-G reconsideration standard deadline treats any stay separately.
Number Rule
O-S-G reconsideration standard number rule starts with the final order. O-S-G reconsideration standard number rule identifies the current tribunal. O-S-G reconsideration standard number rule applies this rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard number rule checks every prior motion. O-S-G reconsideration standard number rule states the requested remedy. O-S-G reconsideration standard number rule separates reopening from reconsideration. O-S-G reconsideration standard number rule identifies any claimed exception.
O-S-G reconsideration standard number rule uses evidence tied to procedure. O-S-G reconsideration standard number rule avoids unsupported factual assertions. O-S-G reconsideration standard number rule applies this additional rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard number rule cites affidavits and exhibits precisely. O-S-G reconsideration standard number rule explains prior unavailability when required. O-S-G reconsideration standard number rule addresses contrary record material. O-S-G reconsideration standard number rule connects procedure to requested relief.
O-S-G reconsideration standard number rule should produce a reviewable ruling. O-S-G reconsideration standard number rule preserves timeliness disputes. O-S-G reconsideration standard number rule preserves numerical-limit disputes. O-S-G reconsideration standard number rule applies this preservation rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard number rule records the DHS position. O-S-G reconsideration standard number rule requests findings on disputed requirements. O-S-G reconsideration standard number rule treats any stay separately.
Evidence
O-S-G reconsideration standard evidence starts with the final order. O-S-G reconsideration standard evidence identifies the current tribunal. O-S-G reconsideration standard evidence applies this rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard evidence checks every prior motion. O-S-G reconsideration standard evidence states the requested remedy. O-S-G reconsideration standard evidence separates reopening from reconsideration. O-S-G reconsideration standard evidence identifies any claimed exception.
O-S-G reconsideration standard evidence uses evidence tied to procedure. O-S-G reconsideration standard evidence avoids unsupported factual assertions. O-S-G reconsideration standard evidence applies this additional rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard evidence cites affidavits and exhibits precisely. O-S-G reconsideration standard evidence explains prior unavailability when required. O-S-G reconsideration standard evidence addresses contrary record material. O-S-G reconsideration standard evidence connects procedure to requested relief.
O-S-G reconsideration standard evidence should produce a reviewable ruling. O-S-G reconsideration standard evidence preserves timeliness disputes. O-S-G reconsideration standard evidence preserves numerical-limit disputes. O-S-G reconsideration standard evidence applies this preservation rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard evidence records the DHS position. O-S-G reconsideration standard evidence requests findings on disputed requirements. O-S-G reconsideration standard evidence treats any stay separately.
Materiality
O-S-G reconsideration standard materiality starts with the final order. O-S-G reconsideration standard materiality identifies the current tribunal. O-S-G reconsideration standard materiality applies this rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard materiality checks every prior motion. O-S-G reconsideration standard materiality states the requested remedy. O-S-G reconsideration standard materiality separates reopening from reconsideration. O-S-G reconsideration standard materiality identifies any claimed exception.
O-S-G reconsideration standard materiality uses evidence tied to procedure. O-S-G reconsideration standard materiality avoids unsupported factual assertions. O-S-G reconsideration standard materiality applies this additional rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard materiality cites affidavits and exhibits precisely. O-S-G reconsideration standard materiality explains prior unavailability when required. O-S-G reconsideration standard materiality addresses contrary record material. O-S-G reconsideration standard materiality connects procedure to requested relief.
O-S-G reconsideration standard materiality should produce a reviewable ruling. O-S-G reconsideration standard materiality preserves timeliness disputes. O-S-G reconsideration standard materiality preserves numerical-limit disputes. O-S-G reconsideration standard materiality applies this preservation rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard materiality records the DHS position. O-S-G reconsideration standard materiality requests findings on disputed requirements. O-S-G reconsideration standard materiality treats any stay separately.
Exceptions
O-S-G reconsideration standard exceptions starts with the final order. O-S-G reconsideration standard exceptions identifies the current tribunal. O-S-G reconsideration standard exceptions applies this rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard exceptions checks every prior motion. O-S-G reconsideration standard exceptions states the requested remedy. O-S-G reconsideration standard exceptions separates reopening from reconsideration. O-S-G reconsideration standard exceptions identifies any claimed exception.
O-S-G reconsideration standard exceptions uses evidence tied to procedure. O-S-G reconsideration standard exceptions avoids unsupported factual assertions. O-S-G reconsideration standard exceptions applies this additional rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard exceptions cites affidavits and exhibits precisely. O-S-G reconsideration standard exceptions explains prior unavailability when required. O-S-G reconsideration standard exceptions addresses contrary record material. O-S-G reconsideration standard exceptions connects procedure to requested relief.
O-S-G reconsideration standard exceptions should produce a reviewable ruling. O-S-G reconsideration standard exceptions preserves timeliness disputes. O-S-G reconsideration standard exceptions preserves numerical-limit disputes. O-S-G reconsideration standard exceptions applies this preservation rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard exceptions records the DHS position. O-S-G reconsideration standard exceptions requests findings on disputed requirements. O-S-G reconsideration standard exceptions treats any stay separately.
DHS Response
O-S-G reconsideration standard dhs response starts with the final order. O-S-G reconsideration standard dhs response identifies the current tribunal. O-S-G reconsideration standard dhs response applies this rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard dhs response checks every prior motion. O-S-G reconsideration standard dhs response states the requested remedy. O-S-G reconsideration standard dhs response separates reopening from reconsideration. O-S-G reconsideration standard dhs response identifies any claimed exception.
O-S-G reconsideration standard dhs response uses evidence tied to procedure. O-S-G reconsideration standard dhs response avoids unsupported factual assertions. O-S-G reconsideration standard dhs response applies this additional rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard dhs response cites affidavits and exhibits precisely. O-S-G reconsideration standard dhs response explains prior unavailability when required. O-S-G reconsideration standard dhs response addresses contrary record material. O-S-G reconsideration standard dhs response connects procedure to requested relief.
O-S-G reconsideration standard dhs response should produce a reviewable ruling. O-S-G reconsideration standard dhs response preserves timeliness disputes. O-S-G reconsideration standard dhs response preserves numerical-limit disputes. O-S-G reconsideration standard dhs response applies this preservation rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard dhs response records the DHS position. O-S-G reconsideration standard dhs response requests findings on disputed requirements. O-S-G reconsideration standard dhs response treats any stay separately.
Respondent Proof
O-S-G reconsideration standard respondent proof starts with the final order. O-S-G reconsideration standard respondent proof identifies the current tribunal. O-S-G reconsideration standard respondent proof applies this rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard respondent proof checks every prior motion. O-S-G reconsideration standard respondent proof states the requested remedy. O-S-G reconsideration standard respondent proof separates reopening from reconsideration. O-S-G reconsideration standard respondent proof identifies any claimed exception.
O-S-G reconsideration standard respondent proof uses evidence tied to procedure. O-S-G reconsideration standard respondent proof avoids unsupported factual assertions. O-S-G reconsideration standard respondent proof applies this additional rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard respondent proof cites affidavits and exhibits precisely. O-S-G reconsideration standard respondent proof explains prior unavailability when required. O-S-G reconsideration standard respondent proof addresses contrary record material. O-S-G reconsideration standard respondent proof connects procedure to requested relief.
O-S-G reconsideration standard respondent proof should produce a reviewable ruling. O-S-G reconsideration standard respondent proof preserves timeliness disputes. O-S-G reconsideration standard respondent proof preserves numerical-limit disputes. O-S-G reconsideration standard respondent proof applies this preservation rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard respondent proof records the DHS position. O-S-G reconsideration standard respondent proof requests findings on disputed requirements. O-S-G reconsideration standard respondent proof treats any stay separately.
Drafting
O-S-G reconsideration standard drafting starts with the final order. O-S-G reconsideration standard drafting identifies the current tribunal. O-S-G reconsideration standard drafting applies this rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard drafting checks every prior motion. O-S-G reconsideration standard drafting states the requested remedy. O-S-G reconsideration standard drafting separates reopening from reconsideration. O-S-G reconsideration standard drafting identifies any claimed exception.
O-S-G reconsideration standard drafting uses evidence tied to procedure. O-S-G reconsideration standard drafting avoids unsupported factual assertions. O-S-G reconsideration standard drafting applies this additional rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard drafting cites affidavits and exhibits precisely. O-S-G reconsideration standard drafting explains prior unavailability when required. O-S-G reconsideration standard drafting addresses contrary record material. O-S-G reconsideration standard drafting connects procedure to requested relief.
O-S-G reconsideration standard drafting should produce a reviewable ruling. O-S-G reconsideration standard drafting preserves timeliness disputes. O-S-G reconsideration standard drafting preserves numerical-limit disputes. O-S-G reconsideration standard drafting applies this preservation rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard drafting records the DHS position. O-S-G reconsideration standard drafting requests findings on disputed requirements. O-S-G reconsideration standard drafting treats any stay separately.
Stay Issues
O-S-G reconsideration standard stay issues starts with the final order. O-S-G reconsideration standard stay issues identifies the current tribunal. O-S-G reconsideration standard stay issues applies this rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard stay issues checks every prior motion. O-S-G reconsideration standard stay issues states the requested remedy. O-S-G reconsideration standard stay issues separates reopening from reconsideration. O-S-G reconsideration standard stay issues identifies any claimed exception.
O-S-G reconsideration standard stay issues uses evidence tied to procedure. O-S-G reconsideration standard stay issues avoids unsupported factual assertions. O-S-G reconsideration standard stay issues applies this additional rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard stay issues cites affidavits and exhibits precisely. O-S-G reconsideration standard stay issues explains prior unavailability when required. O-S-G reconsideration standard stay issues addresses contrary record material. O-S-G reconsideration standard stay issues connects procedure to requested relief.
O-S-G reconsideration standard stay issues should produce a reviewable ruling. O-S-G reconsideration standard stay issues preserves timeliness disputes. O-S-G reconsideration standard stay issues preserves numerical-limit disputes. O-S-G reconsideration standard stay issues applies this preservation rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard stay issues records the DHS position. O-S-G reconsideration standard stay issues requests findings on disputed requirements. O-S-G reconsideration standard stay issues treats any stay separately.
Relief Effect
O-S-G reconsideration standard relief effect starts with the final order. O-S-G reconsideration standard relief effect identifies the current tribunal. O-S-G reconsideration standard relief effect applies this rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard relief effect checks every prior motion. O-S-G reconsideration standard relief effect states the requested remedy. O-S-G reconsideration standard relief effect separates reopening from reconsideration. O-S-G reconsideration standard relief effect identifies any claimed exception.
O-S-G reconsideration standard relief effect uses evidence tied to procedure. O-S-G reconsideration standard relief effect avoids unsupported factual assertions. O-S-G reconsideration standard relief effect applies this additional rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard relief effect cites affidavits and exhibits precisely. O-S-G reconsideration standard relief effect explains prior unavailability when required. O-S-G reconsideration standard relief effect addresses contrary record material. O-S-G reconsideration standard relief effect connects procedure to requested relief.
O-S-G reconsideration standard relief effect should produce a reviewable ruling. O-S-G reconsideration standard relief effect preserves timeliness disputes. O-S-G reconsideration standard relief effect preserves numerical-limit disputes. O-S-G reconsideration standard relief effect applies this preservation rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard relief effect records the DHS position. O-S-G reconsideration standard relief effect requests findings on disputed requirements. O-S-G reconsideration standard relief effect treats any stay separately.
Review
O-S-G reconsideration standard review starts with the final order. O-S-G reconsideration standard review identifies the current tribunal. O-S-G reconsideration standard review applies this rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard review checks every prior motion. O-S-G reconsideration standard review states the requested remedy. O-S-G reconsideration standard review separates reopening from reconsideration. O-S-G reconsideration standard review identifies any claimed exception.
O-S-G reconsideration standard review uses evidence tied to procedure. O-S-G reconsideration standard review avoids unsupported factual assertions. O-S-G reconsideration standard review applies this additional rule: Matter of O-S-G- requires identification of material factual or legal errors supported by pertinent authority. O-S-G reconsideration standard review cites affidavits and exhibits precisely. O-S-G reconsideration standard review explains prior unavailability when required. O-S-G reconsideration standard review addresses contrary record material. O-S-G reconsideration standard review connects procedure to requested relief.
O-S-G reconsideration standard review should produce a reviewable ruling. O-S-G reconsideration standard review preserves timeliness disputes. O-S-G reconsideration standard review preserves numerical-limit disputes. O-S-G reconsideration standard review applies this preservation rule: After an affirmance without opinion, O-S-G- requires the movant to connect the error to issues previously raised and explain why affirmance was erroneous. O-S-G reconsideration standard review records the DHS position. O-S-G reconsideration standard review requests findings on disputed requirements. O-S-G reconsideration standard review treats any stay separately.
Checklist
O-S-G reconsideration standard checklist starts with the final order. O-S-G reconsideration standard checklist identifies the current tribunal. O-S-G reconsideration standard checklist applies this rule: New evidence ordinarily belongs in reopening rather than reconsideration. O-S-G reconsideration standard checklist checks every prior motion. O-S-G reconsideration standard checklist states the requested remedy. O-S-G reconsideration standard checklist separates reopening from reconsideration. O-S-G reconsideration standard checklist identifies any claimed exception.
O-S-G reconsideration standard checklist uses evidence tied to procedure. O-S-G reconsideration standard checklist avoids unsupported factual assertions. O-S-G reconsideration standard checklist applies this additional rule: Reconsideration is not a vehicle simply to repeat arguments without explaining the adjudicative error. O-S-G reconsideration standard checklist cites affidavits and exhibits precisely. O-S-G reconsideration standard checklist explains prior unavailability when required. O-S-G reconsideration standard checklist addresses contrary record material. O-S-G reconsideration standard checklist connects procedure to requested relief.
O-S-G reconsideration standard checklist should produce a reviewable ruling. O-S-G reconsideration standard checklist preserves timeliness disputes. O-S-G reconsideration standard checklist preserves numerical-limit disputes. O-S-G reconsideration standard checklist applies this preservation rule: The filing should cite the existing administrative record precisely. O-S-G reconsideration standard checklist records the DHS position. O-S-G reconsideration standard checklist requests findings on disputed requirements. O-S-G reconsideration standard checklist treats any stay separately.
Primary Legal Authorities and Sources
- Matter of O-S-G-, 24 I&N Dec. 56 (BIA 2006) BIA precedent on particularized reconsideration error.
- 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.
- EOIR Board Practice Manual 4.2 — Filing a Motion Current BIA motion filing and jurisdiction guidance.
- 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.
Frequently Asked Questions
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