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Advanced Motions to Reopen and Reconsider

Joint Motions to Reopen and the Time-and-Number Exceptions

The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. This page addresses filing, evidence, exceptions, and current EOIR practice.

Reviewed by Peter Messersmith September 17, 2026
Direct Answer

The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. The filing should identify the order to be reopened and the agreement reached.

Core Standard

joint reopening exception core standard starts with the final order. joint reopening exception core standard identifies the current tribunal. joint reopening exception core standard applies this rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception core standard checks every prior motion. joint reopening exception core standard states the requested remedy. joint reopening exception core standard separates reopening from reconsideration. joint reopening exception core standard identifies any claimed exception.

joint reopening exception core standard uses evidence tied to procedure. joint reopening exception core standard avoids unsupported factual assertions. joint reopening exception core standard applies this additional rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception core standard cites affidavits and exhibits precisely. joint reopening exception core standard explains prior unavailability when required. joint reopening exception core standard addresses contrary record material. joint reopening exception core standard connects procedure to requested relief.

joint reopening exception core standard should produce a reviewable ruling. joint reopening exception core standard preserves timeliness disputes. joint reopening exception core standard preserves numerical-limit disputes. joint reopening exception core standard applies this preservation rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception core standard records the DHS position. joint reopening exception core standard requests findings on disputed requirements. joint reopening exception core standard treats any stay separately.

Authority

joint reopening exception authority starts with the final order. joint reopening exception authority identifies the current tribunal. joint reopening exception authority applies this rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception authority checks every prior motion. joint reopening exception authority states the requested remedy. joint reopening exception authority separates reopening from reconsideration. joint reopening exception authority identifies any claimed exception.

joint reopening exception authority uses evidence tied to procedure. joint reopening exception authority avoids unsupported factual assertions. joint reopening exception authority applies this additional rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception authority cites affidavits and exhibits precisely. joint reopening exception authority explains prior unavailability when required. joint reopening exception authority addresses contrary record material. joint reopening exception authority connects procedure to requested relief.

joint reopening exception authority should produce a reviewable ruling. joint reopening exception authority preserves timeliness disputes. joint reopening exception authority preserves numerical-limit disputes. joint reopening exception authority applies this preservation rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception authority records the DHS position. joint reopening exception authority requests findings on disputed requirements. joint reopening exception authority treats any stay separately.

Forum

joint reopening exception forum starts with the final order. joint reopening exception forum identifies the current tribunal. joint reopening exception forum applies this rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception forum checks every prior motion. joint reopening exception forum states the requested remedy. joint reopening exception forum separates reopening from reconsideration. joint reopening exception forum identifies any claimed exception.

joint reopening exception forum uses evidence tied to procedure. joint reopening exception forum avoids unsupported factual assertions. joint reopening exception forum applies this additional rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception forum cites affidavits and exhibits precisely. joint reopening exception forum explains prior unavailability when required. joint reopening exception forum addresses contrary record material. joint reopening exception forum connects procedure to requested relief.

joint reopening exception forum should produce a reviewable ruling. joint reopening exception forum preserves timeliness disputes. joint reopening exception forum preserves numerical-limit disputes. joint reopening exception forum applies this preservation rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception forum records the DHS position. joint reopening exception forum requests findings on disputed requirements. joint reopening exception forum treats any stay separately.

Deadline

joint reopening exception deadline starts with the final order. joint reopening exception deadline identifies the current tribunal. joint reopening exception deadline applies this rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception deadline checks every prior motion. joint reopening exception deadline states the requested remedy. joint reopening exception deadline separates reopening from reconsideration. joint reopening exception deadline identifies any claimed exception.

joint reopening exception deadline uses evidence tied to procedure. joint reopening exception deadline avoids unsupported factual assertions. joint reopening exception deadline applies this additional rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception deadline cites affidavits and exhibits precisely. joint reopening exception deadline explains prior unavailability when required. joint reopening exception deadline addresses contrary record material. joint reopening exception deadline connects procedure to requested relief.

joint reopening exception deadline should produce a reviewable ruling. joint reopening exception deadline preserves timeliness disputes. joint reopening exception deadline preserves numerical-limit disputes. joint reopening exception deadline applies this preservation rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception deadline records the DHS position. joint reopening exception deadline requests findings on disputed requirements. joint reopening exception deadline treats any stay separately.

Number Rule

joint reopening exception number rule starts with the final order. joint reopening exception number rule identifies the current tribunal. joint reopening exception number rule applies this rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception number rule checks every prior motion. joint reopening exception number rule states the requested remedy. joint reopening exception number rule separates reopening from reconsideration. joint reopening exception number rule identifies any claimed exception.

joint reopening exception number rule uses evidence tied to procedure. joint reopening exception number rule avoids unsupported factual assertions. joint reopening exception number rule applies this additional rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception number rule cites affidavits and exhibits precisely. joint reopening exception number rule explains prior unavailability when required. joint reopening exception number rule addresses contrary record material. joint reopening exception number rule connects procedure to requested relief.

joint reopening exception number rule should produce a reviewable ruling. joint reopening exception number rule preserves timeliness disputes. joint reopening exception number rule preserves numerical-limit disputes. joint reopening exception number rule applies this preservation rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception number rule records the DHS position. joint reopening exception number rule requests findings on disputed requirements. joint reopening exception number rule treats any stay separately.

Evidence

joint reopening exception evidence starts with the final order. joint reopening exception evidence identifies the current tribunal. joint reopening exception evidence applies this rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception evidence checks every prior motion. joint reopening exception evidence states the requested remedy. joint reopening exception evidence separates reopening from reconsideration. joint reopening exception evidence identifies any claimed exception.

joint reopening exception evidence uses evidence tied to procedure. joint reopening exception evidence avoids unsupported factual assertions. joint reopening exception evidence applies this additional rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception evidence cites affidavits and exhibits precisely. joint reopening exception evidence explains prior unavailability when required. joint reopening exception evidence addresses contrary record material. joint reopening exception evidence connects procedure to requested relief.

joint reopening exception evidence should produce a reviewable ruling. joint reopening exception evidence preserves timeliness disputes. joint reopening exception evidence preserves numerical-limit disputes. joint reopening exception evidence applies this preservation rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception evidence records the DHS position. joint reopening exception evidence requests findings on disputed requirements. joint reopening exception evidence treats any stay separately.

Materiality

joint reopening exception materiality starts with the final order. joint reopening exception materiality identifies the current tribunal. joint reopening exception materiality applies this rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception materiality checks every prior motion. joint reopening exception materiality states the requested remedy. joint reopening exception materiality separates reopening from reconsideration. joint reopening exception materiality identifies any claimed exception.

joint reopening exception materiality uses evidence tied to procedure. joint reopening exception materiality avoids unsupported factual assertions. joint reopening exception materiality applies this additional rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception materiality cites affidavits and exhibits precisely. joint reopening exception materiality explains prior unavailability when required. joint reopening exception materiality addresses contrary record material. joint reopening exception materiality connects procedure to requested relief.

joint reopening exception materiality should produce a reviewable ruling. joint reopening exception materiality preserves timeliness disputes. joint reopening exception materiality preserves numerical-limit disputes. joint reopening exception materiality applies this preservation rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception materiality records the DHS position. joint reopening exception materiality requests findings on disputed requirements. joint reopening exception materiality treats any stay separately.

Exceptions

joint reopening exception exceptions starts with the final order. joint reopening exception exceptions identifies the current tribunal. joint reopening exception exceptions applies this rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception exceptions checks every prior motion. joint reopening exception exceptions states the requested remedy. joint reopening exception exceptions separates reopening from reconsideration. joint reopening exception exceptions identifies any claimed exception.

joint reopening exception exceptions uses evidence tied to procedure. joint reopening exception exceptions avoids unsupported factual assertions. joint reopening exception exceptions applies this additional rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception exceptions cites affidavits and exhibits precisely. joint reopening exception exceptions explains prior unavailability when required. joint reopening exception exceptions addresses contrary record material. joint reopening exception exceptions connects procedure to requested relief.

joint reopening exception exceptions should produce a reviewable ruling. joint reopening exception exceptions preserves timeliness disputes. joint reopening exception exceptions preserves numerical-limit disputes. joint reopening exception exceptions applies this preservation rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception exceptions records the DHS position. joint reopening exception exceptions requests findings on disputed requirements. joint reopening exception exceptions treats any stay separately.

DHS Response

joint reopening exception dhs response starts with the final order. joint reopening exception dhs response identifies the current tribunal. joint reopening exception dhs response applies this rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception dhs response checks every prior motion. joint reopening exception dhs response states the requested remedy. joint reopening exception dhs response separates reopening from reconsideration. joint reopening exception dhs response identifies any claimed exception.

joint reopening exception dhs response uses evidence tied to procedure. joint reopening exception dhs response avoids unsupported factual assertions. joint reopening exception dhs response applies this additional rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception dhs response cites affidavits and exhibits precisely. joint reopening exception dhs response explains prior unavailability when required. joint reopening exception dhs response addresses contrary record material. joint reopening exception dhs response connects procedure to requested relief.

joint reopening exception dhs response should produce a reviewable ruling. joint reopening exception dhs response preserves timeliness disputes. joint reopening exception dhs response preserves numerical-limit disputes. joint reopening exception dhs response applies this preservation rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception dhs response records the DHS position. joint reopening exception dhs response requests findings on disputed requirements. joint reopening exception dhs response treats any stay separately.

Respondent Proof

joint reopening exception respondent proof starts with the final order. joint reopening exception respondent proof identifies the current tribunal. joint reopening exception respondent proof applies this rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception respondent proof checks every prior motion. joint reopening exception respondent proof states the requested remedy. joint reopening exception respondent proof separates reopening from reconsideration. joint reopening exception respondent proof identifies any claimed exception.

joint reopening exception respondent proof uses evidence tied to procedure. joint reopening exception respondent proof avoids unsupported factual assertions. joint reopening exception respondent proof applies this additional rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception respondent proof cites affidavits and exhibits precisely. joint reopening exception respondent proof explains prior unavailability when required. joint reopening exception respondent proof addresses contrary record material. joint reopening exception respondent proof connects procedure to requested relief.

joint reopening exception respondent proof should produce a reviewable ruling. joint reopening exception respondent proof preserves timeliness disputes. joint reopening exception respondent proof preserves numerical-limit disputes. joint reopening exception respondent proof applies this preservation rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception respondent proof records the DHS position. joint reopening exception respondent proof requests findings on disputed requirements. joint reopening exception respondent proof treats any stay separately.

Drafting

joint reopening exception drafting starts with the final order. joint reopening exception drafting identifies the current tribunal. joint reopening exception drafting applies this rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception drafting checks every prior motion. joint reopening exception drafting states the requested remedy. joint reopening exception drafting separates reopening from reconsideration. joint reopening exception drafting identifies any claimed exception.

joint reopening exception drafting uses evidence tied to procedure. joint reopening exception drafting avoids unsupported factual assertions. joint reopening exception drafting applies this additional rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception drafting cites affidavits and exhibits precisely. joint reopening exception drafting explains prior unavailability when required. joint reopening exception drafting addresses contrary record material. joint reopening exception drafting connects procedure to requested relief.

joint reopening exception drafting should produce a reviewable ruling. joint reopening exception drafting preserves timeliness disputes. joint reopening exception drafting preserves numerical-limit disputes. joint reopening exception drafting applies this preservation rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception drafting records the DHS position. joint reopening exception drafting requests findings on disputed requirements. joint reopening exception drafting treats any stay separately.

Stay Issues

joint reopening exception stay issues starts with the final order. joint reopening exception stay issues identifies the current tribunal. joint reopening exception stay issues applies this rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception stay issues checks every prior motion. joint reopening exception stay issues states the requested remedy. joint reopening exception stay issues separates reopening from reconsideration. joint reopening exception stay issues identifies any claimed exception.

joint reopening exception stay issues uses evidence tied to procedure. joint reopening exception stay issues avoids unsupported factual assertions. joint reopening exception stay issues applies this additional rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception stay issues cites affidavits and exhibits precisely. joint reopening exception stay issues explains prior unavailability when required. joint reopening exception stay issues addresses contrary record material. joint reopening exception stay issues connects procedure to requested relief.

joint reopening exception stay issues should produce a reviewable ruling. joint reopening exception stay issues preserves timeliness disputes. joint reopening exception stay issues preserves numerical-limit disputes. joint reopening exception stay issues applies this preservation rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception stay issues records the DHS position. joint reopening exception stay issues requests findings on disputed requirements. joint reopening exception stay issues treats any stay separately.

Relief Effect

joint reopening exception relief effect starts with the final order. joint reopening exception relief effect identifies the current tribunal. joint reopening exception relief effect applies this rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception relief effect checks every prior motion. joint reopening exception relief effect states the requested remedy. joint reopening exception relief effect separates reopening from reconsideration. joint reopening exception relief effect identifies any claimed exception.

joint reopening exception relief effect uses evidence tied to procedure. joint reopening exception relief effect avoids unsupported factual assertions. joint reopening exception relief effect applies this additional rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception relief effect cites affidavits and exhibits precisely. joint reopening exception relief effect explains prior unavailability when required. joint reopening exception relief effect addresses contrary record material. joint reopening exception relief effect connects procedure to requested relief.

joint reopening exception relief effect should produce a reviewable ruling. joint reopening exception relief effect preserves timeliness disputes. joint reopening exception relief effect preserves numerical-limit disputes. joint reopening exception relief effect applies this preservation rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception relief effect records the DHS position. joint reopening exception relief effect requests findings on disputed requirements. joint reopening exception relief effect treats any stay separately.

Review

joint reopening exception review starts with the final order. joint reopening exception review identifies the current tribunal. joint reopening exception review applies this rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception review checks every prior motion. joint reopening exception review states the requested remedy. joint reopening exception review separates reopening from reconsideration. joint reopening exception review identifies any claimed exception.

joint reopening exception review uses evidence tied to procedure. joint reopening exception review avoids unsupported factual assertions. joint reopening exception review applies this additional rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties. joint reopening exception review cites affidavits and exhibits precisely. joint reopening exception review explains prior unavailability when required. joint reopening exception review addresses contrary record material. joint reopening exception review connects procedure to requested relief.

joint reopening exception review should produce a reviewable ruling. joint reopening exception review preserves timeliness disputes. joint reopening exception review preserves numerical-limit disputes. joint reopening exception review applies this preservation rule: The filing should identify the order to be reopened and the agreement reached. joint reopening exception review records the DHS position. joint reopening exception review requests findings on disputed requirements. joint reopening exception review treats any stay separately.

Checklist

joint reopening exception checklist starts with the final order. joint reopening exception checklist identifies the current tribunal. joint reopening exception checklist applies this rule: Stay, custody, and scheduling consequences should be addressed separately when necessary. joint reopening exception checklist checks every prior motion. joint reopening exception checklist states the requested remedy. joint reopening exception checklist separates reopening from reconsideration. joint reopening exception checklist identifies any claimed exception.

joint reopening exception checklist uses evidence tied to procedure. joint reopening exception checklist avoids unsupported factual assertions. joint reopening exception checklist applies this additional rule: A joint motion requires actual agreement and is not merely a request that the adjudicator obtain DHS consent. joint reopening exception checklist cites affidavits and exhibits precisely. joint reopening exception checklist explains prior unavailability when required. joint reopening exception checklist addresses contrary record material. joint reopening exception checklist connects procedure to requested relief.

joint reopening exception checklist should produce a reviewable ruling. joint reopening exception checklist preserves timeliness disputes. joint reopening exception checklist preserves numerical-limit disputes. joint reopening exception checklist applies this preservation rule: The motion still belongs in the tribunal with jurisdiction. joint reopening exception checklist records the DHS position. joint reopening exception checklist requests findings on disputed requirements. joint reopening exception checklist treats any stay separately.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the central rule for joint motion reopen time number exception?
joint reopening exception follows this rule: The reopening regulations provide an exception to ordinary time and number limits for qualifying joint motions agreed upon by the parties.
What deadline matters for joint motion reopen time number exception?
joint reopening exception requires separate analysis of the ordinary 90-day reopening deadline, the 30-day reconsideration deadline, and any exception actually invoked.
What evidence matters for joint motion reopen time number exception?
joint reopening exception uses evidence tied to the governing procedural requirement; reopening ordinarily depends on supported new facts while reconsideration ordinarily relies on the existing record.
Does joint motion reopen time number exception automatically stay removal?
No. joint reopening exception does not itself create an automatic stay; a separate stay request may be necessary.
Can equitable tolling solve every limit affecting joint motion reopen time number exception?
No. joint reopening exception must distinguish the time bar from the number bar, and Matter of M-M-L-J- holds that equitable tolling does not apply to the statutory number bar.
How should joint motion reopen time number exception be preserved for review?
joint reopening exception should preserve forum, deadline, prior motions, exceptions, evidence, the DHS response, and the adjudicator's ruling.
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