New and Previously Unavailable Evidence in a Motion to Reopen
A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. This page addresses filing, evidence, exceptions, and current EOIR practice.
A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. The offered evidence must be material. The evidence must have been unavailable and not reasonably discoverable or presentable earlier.
Core Standard
new-evidence reopening rule core standard starts with the final order. new-evidence reopening rule core standard identifies the current tribunal. new-evidence reopening rule core standard applies this rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule core standard checks every prior motion. new-evidence reopening rule core standard states the requested remedy. new-evidence reopening rule core standard separates reopening from reconsideration. new-evidence reopening rule core standard identifies any claimed exception.
new-evidence reopening rule core standard uses evidence tied to procedure. new-evidence reopening rule core standard avoids unsupported factual assertions. new-evidence reopening rule core standard applies this additional rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule core standard cites affidavits and exhibits precisely. new-evidence reopening rule core standard explains prior unavailability when required. new-evidence reopening rule core standard addresses contrary record material. new-evidence reopening rule core standard connects procedure to requested relief.
new-evidence reopening rule core standard should produce a reviewable ruling. new-evidence reopening rule core standard preserves timeliness disputes. new-evidence reopening rule core standard preserves numerical-limit disputes. new-evidence reopening rule core standard applies this preservation rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule core standard records the DHS position. new-evidence reopening rule core standard requests findings on disputed requirements. new-evidence reopening rule core standard treats any stay separately.
Authority
new-evidence reopening rule authority starts with the final order. new-evidence reopening rule authority identifies the current tribunal. new-evidence reopening rule authority applies this rule: The offered evidence must be material. new-evidence reopening rule authority checks every prior motion. new-evidence reopening rule authority states the requested remedy. new-evidence reopening rule authority separates reopening from reconsideration. new-evidence reopening rule authority identifies any claimed exception.
new-evidence reopening rule authority uses evidence tied to procedure. new-evidence reopening rule authority avoids unsupported factual assertions. new-evidence reopening rule authority applies this additional rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule authority cites affidavits and exhibits precisely. new-evidence reopening rule authority explains prior unavailability when required. new-evidence reopening rule authority addresses contrary record material. new-evidence reopening rule authority connects procedure to requested relief.
new-evidence reopening rule authority should produce a reviewable ruling. new-evidence reopening rule authority preserves timeliness disputes. new-evidence reopening rule authority preserves numerical-limit disputes. new-evidence reopening rule authority applies this preservation rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule authority records the DHS position. new-evidence reopening rule authority requests findings on disputed requirements. new-evidence reopening rule authority treats any stay separately.
Forum
new-evidence reopening rule forum starts with the final order. new-evidence reopening rule forum identifies the current tribunal. new-evidence reopening rule forum applies this rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule forum checks every prior motion. new-evidence reopening rule forum states the requested remedy. new-evidence reopening rule forum separates reopening from reconsideration. new-evidence reopening rule forum identifies any claimed exception.
new-evidence reopening rule forum uses evidence tied to procedure. new-evidence reopening rule forum avoids unsupported factual assertions. new-evidence reopening rule forum applies this additional rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule forum cites affidavits and exhibits precisely. new-evidence reopening rule forum explains prior unavailability when required. new-evidence reopening rule forum addresses contrary record material. new-evidence reopening rule forum connects procedure to requested relief.
new-evidence reopening rule forum should produce a reviewable ruling. new-evidence reopening rule forum preserves timeliness disputes. new-evidence reopening rule forum preserves numerical-limit disputes. new-evidence reopening rule forum applies this preservation rule: The offered evidence must be material. new-evidence reopening rule forum records the DHS position. new-evidence reopening rule forum requests findings on disputed requirements. new-evidence reopening rule forum treats any stay separately.
Deadline
new-evidence reopening rule deadline starts with the final order. new-evidence reopening rule deadline identifies the current tribunal. new-evidence reopening rule deadline applies this rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule deadline checks every prior motion. new-evidence reopening rule deadline states the requested remedy. new-evidence reopening rule deadline separates reopening from reconsideration. new-evidence reopening rule deadline identifies any claimed exception.
new-evidence reopening rule deadline uses evidence tied to procedure. new-evidence reopening rule deadline avoids unsupported factual assertions. new-evidence reopening rule deadline applies this additional rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule deadline cites affidavits and exhibits precisely. new-evidence reopening rule deadline explains prior unavailability when required. new-evidence reopening rule deadline addresses contrary record material. new-evidence reopening rule deadline connects procedure to requested relief.
new-evidence reopening rule deadline should produce a reviewable ruling. new-evidence reopening rule deadline preserves timeliness disputes. new-evidence reopening rule deadline preserves numerical-limit disputes. new-evidence reopening rule deadline applies this preservation rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule deadline records the DHS position. new-evidence reopening rule deadline requests findings on disputed requirements. new-evidence reopening rule deadline treats any stay separately.
Number Rule
new-evidence reopening rule number rule starts with the final order. new-evidence reopening rule number rule identifies the current tribunal. new-evidence reopening rule number rule applies this rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule number rule checks every prior motion. new-evidence reopening rule number rule states the requested remedy. new-evidence reopening rule number rule separates reopening from reconsideration. new-evidence reopening rule number rule identifies any claimed exception.
new-evidence reopening rule number rule uses evidence tied to procedure. new-evidence reopening rule number rule avoids unsupported factual assertions. new-evidence reopening rule number rule applies this additional rule: The offered evidence must be material. new-evidence reopening rule number rule cites affidavits and exhibits precisely. new-evidence reopening rule number rule explains prior unavailability when required. new-evidence reopening rule number rule addresses contrary record material. new-evidence reopening rule number rule connects procedure to requested relief.
new-evidence reopening rule number rule should produce a reviewable ruling. new-evidence reopening rule number rule preserves timeliness disputes. new-evidence reopening rule number rule preserves numerical-limit disputes. new-evidence reopening rule number rule applies this preservation rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule number rule records the DHS position. new-evidence reopening rule number rule requests findings on disputed requirements. new-evidence reopening rule number rule treats any stay separately.
Evidence
new-evidence reopening rule evidence starts with the final order. new-evidence reopening rule evidence identifies the current tribunal. new-evidence reopening rule evidence applies this rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule evidence checks every prior motion. new-evidence reopening rule evidence states the requested remedy. new-evidence reopening rule evidence separates reopening from reconsideration. new-evidence reopening rule evidence identifies any claimed exception.
new-evidence reopening rule evidence uses evidence tied to procedure. new-evidence reopening rule evidence avoids unsupported factual assertions. new-evidence reopening rule evidence applies this additional rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule evidence cites affidavits and exhibits precisely. new-evidence reopening rule evidence explains prior unavailability when required. new-evidence reopening rule evidence addresses contrary record material. new-evidence reopening rule evidence connects procedure to requested relief.
new-evidence reopening rule evidence should produce a reviewable ruling. new-evidence reopening rule evidence preserves timeliness disputes. new-evidence reopening rule evidence preserves numerical-limit disputes. new-evidence reopening rule evidence applies this preservation rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule evidence records the DHS position. new-evidence reopening rule evidence requests findings on disputed requirements. new-evidence reopening rule evidence treats any stay separately.
Materiality
new-evidence reopening rule materiality starts with the final order. new-evidence reopening rule materiality identifies the current tribunal. new-evidence reopening rule materiality applies this rule: The offered evidence must be material. new-evidence reopening rule materiality checks every prior motion. new-evidence reopening rule materiality states the requested remedy. new-evidence reopening rule materiality separates reopening from reconsideration. new-evidence reopening rule materiality identifies any claimed exception.
new-evidence reopening rule materiality uses evidence tied to procedure. new-evidence reopening rule materiality avoids unsupported factual assertions. new-evidence reopening rule materiality applies this additional rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule materiality cites affidavits and exhibits precisely. new-evidence reopening rule materiality explains prior unavailability when required. new-evidence reopening rule materiality addresses contrary record material. new-evidence reopening rule materiality connects procedure to requested relief.
new-evidence reopening rule materiality should produce a reviewable ruling. new-evidence reopening rule materiality preserves timeliness disputes. new-evidence reopening rule materiality preserves numerical-limit disputes. new-evidence reopening rule materiality applies this preservation rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule materiality records the DHS position. new-evidence reopening rule materiality requests findings on disputed requirements. new-evidence reopening rule materiality treats any stay separately.
Exceptions
new-evidence reopening rule exceptions starts with the final order. new-evidence reopening rule exceptions identifies the current tribunal. new-evidence reopening rule exceptions applies this rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule exceptions checks every prior motion. new-evidence reopening rule exceptions states the requested remedy. new-evidence reopening rule exceptions separates reopening from reconsideration. new-evidence reopening rule exceptions identifies any claimed exception.
new-evidence reopening rule exceptions uses evidence tied to procedure. new-evidence reopening rule exceptions avoids unsupported factual assertions. new-evidence reopening rule exceptions applies this additional rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule exceptions cites affidavits and exhibits precisely. new-evidence reopening rule exceptions explains prior unavailability when required. new-evidence reopening rule exceptions addresses contrary record material. new-evidence reopening rule exceptions connects procedure to requested relief.
new-evidence reopening rule exceptions should produce a reviewable ruling. new-evidence reopening rule exceptions preserves timeliness disputes. new-evidence reopening rule exceptions preserves numerical-limit disputes. new-evidence reopening rule exceptions applies this preservation rule: The offered evidence must be material. new-evidence reopening rule exceptions records the DHS position. new-evidence reopening rule exceptions requests findings on disputed requirements. new-evidence reopening rule exceptions treats any stay separately.
DHS Response
new-evidence reopening rule dhs response starts with the final order. new-evidence reopening rule dhs response identifies the current tribunal. new-evidence reopening rule dhs response applies this rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule dhs response checks every prior motion. new-evidence reopening rule dhs response states the requested remedy. new-evidence reopening rule dhs response separates reopening from reconsideration. new-evidence reopening rule dhs response identifies any claimed exception.
new-evidence reopening rule dhs response uses evidence tied to procedure. new-evidence reopening rule dhs response avoids unsupported factual assertions. new-evidence reopening rule dhs response applies this additional rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule dhs response cites affidavits and exhibits precisely. new-evidence reopening rule dhs response explains prior unavailability when required. new-evidence reopening rule dhs response addresses contrary record material. new-evidence reopening rule dhs response connects procedure to requested relief.
new-evidence reopening rule dhs response should produce a reviewable ruling. new-evidence reopening rule dhs response preserves timeliness disputes. new-evidence reopening rule dhs response preserves numerical-limit disputes. new-evidence reopening rule dhs response applies this preservation rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule dhs response records the DHS position. new-evidence reopening rule dhs response requests findings on disputed requirements. new-evidence reopening rule dhs response treats any stay separately.
Respondent Proof
new-evidence reopening rule respondent proof starts with the final order. new-evidence reopening rule respondent proof identifies the current tribunal. new-evidence reopening rule respondent proof applies this rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule respondent proof checks every prior motion. new-evidence reopening rule respondent proof states the requested remedy. new-evidence reopening rule respondent proof separates reopening from reconsideration. new-evidence reopening rule respondent proof identifies any claimed exception.
new-evidence reopening rule respondent proof uses evidence tied to procedure. new-evidence reopening rule respondent proof avoids unsupported factual assertions. new-evidence reopening rule respondent proof applies this additional rule: The offered evidence must be material. new-evidence reopening rule respondent proof cites affidavits and exhibits precisely. new-evidence reopening rule respondent proof explains prior unavailability when required. new-evidence reopening rule respondent proof addresses contrary record material. new-evidence reopening rule respondent proof connects procedure to requested relief.
new-evidence reopening rule respondent proof should produce a reviewable ruling. new-evidence reopening rule respondent proof preserves timeliness disputes. new-evidence reopening rule respondent proof preserves numerical-limit disputes. new-evidence reopening rule respondent proof applies this preservation rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule respondent proof records the DHS position. new-evidence reopening rule respondent proof requests findings on disputed requirements. new-evidence reopening rule respondent proof treats any stay separately.
Drafting
new-evidence reopening rule drafting starts with the final order. new-evidence reopening rule drafting identifies the current tribunal. new-evidence reopening rule drafting applies this rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule drafting checks every prior motion. new-evidence reopening rule drafting states the requested remedy. new-evidence reopening rule drafting separates reopening from reconsideration. new-evidence reopening rule drafting identifies any claimed exception.
new-evidence reopening rule drafting uses evidence tied to procedure. new-evidence reopening rule drafting avoids unsupported factual assertions. new-evidence reopening rule drafting applies this additional rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule drafting cites affidavits and exhibits precisely. new-evidence reopening rule drafting explains prior unavailability when required. new-evidence reopening rule drafting addresses contrary record material. new-evidence reopening rule drafting connects procedure to requested relief.
new-evidence reopening rule drafting should produce a reviewable ruling. new-evidence reopening rule drafting preserves timeliness disputes. new-evidence reopening rule drafting preserves numerical-limit disputes. new-evidence reopening rule drafting applies this preservation rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule drafting records the DHS position. new-evidence reopening rule drafting requests findings on disputed requirements. new-evidence reopening rule drafting treats any stay separately.
Stay Issues
new-evidence reopening rule stay issues starts with the final order. new-evidence reopening rule stay issues identifies the current tribunal. new-evidence reopening rule stay issues applies this rule: The offered evidence must be material. new-evidence reopening rule stay issues checks every prior motion. new-evidence reopening rule stay issues states the requested remedy. new-evidence reopening rule stay issues separates reopening from reconsideration. new-evidence reopening rule stay issues identifies any claimed exception.
new-evidence reopening rule stay issues uses evidence tied to procedure. new-evidence reopening rule stay issues avoids unsupported factual assertions. new-evidence reopening rule stay issues applies this additional rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule stay issues cites affidavits and exhibits precisely. new-evidence reopening rule stay issues explains prior unavailability when required. new-evidence reopening rule stay issues addresses contrary record material. new-evidence reopening rule stay issues connects procedure to requested relief.
new-evidence reopening rule stay issues should produce a reviewable ruling. new-evidence reopening rule stay issues preserves timeliness disputes. new-evidence reopening rule stay issues preserves numerical-limit disputes. new-evidence reopening rule stay issues applies this preservation rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule stay issues records the DHS position. new-evidence reopening rule stay issues requests findings on disputed requirements. new-evidence reopening rule stay issues treats any stay separately.
Relief Effect
new-evidence reopening rule relief effect starts with the final order. new-evidence reopening rule relief effect identifies the current tribunal. new-evidence reopening rule relief effect applies this rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule relief effect checks every prior motion. new-evidence reopening rule relief effect states the requested remedy. new-evidence reopening rule relief effect separates reopening from reconsideration. new-evidence reopening rule relief effect identifies any claimed exception.
new-evidence reopening rule relief effect uses evidence tied to procedure. new-evidence reopening rule relief effect avoids unsupported factual assertions. new-evidence reopening rule relief effect applies this additional rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule relief effect cites affidavits and exhibits precisely. new-evidence reopening rule relief effect explains prior unavailability when required. new-evidence reopening rule relief effect addresses contrary record material. new-evidence reopening rule relief effect connects procedure to requested relief.
new-evidence reopening rule relief effect should produce a reviewable ruling. new-evidence reopening rule relief effect preserves timeliness disputes. new-evidence reopening rule relief effect preserves numerical-limit disputes. new-evidence reopening rule relief effect applies this preservation rule: The offered evidence must be material. new-evidence reopening rule relief effect records the DHS position. new-evidence reopening rule relief effect requests findings on disputed requirements. new-evidence reopening rule relief effect treats any stay separately.
Review
new-evidence reopening rule review starts with the final order. new-evidence reopening rule review identifies the current tribunal. new-evidence reopening rule review applies this rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule review checks every prior motion. new-evidence reopening rule review states the requested remedy. new-evidence reopening rule review separates reopening from reconsideration. new-evidence reopening rule review identifies any claimed exception.
new-evidence reopening rule review uses evidence tied to procedure. new-evidence reopening rule review avoids unsupported factual assertions. new-evidence reopening rule review applies this additional rule: A motion to reopen must state new facts and ordinarily support them with affidavits or other evidence. new-evidence reopening rule review cites affidavits and exhibits precisely. new-evidence reopening rule review explains prior unavailability when required. new-evidence reopening rule review addresses contrary record material. new-evidence reopening rule review connects procedure to requested relief.
new-evidence reopening rule review should produce a reviewable ruling. new-evidence reopening rule review preserves timeliness disputes. new-evidence reopening rule review preserves numerical-limit disputes. new-evidence reopening rule review applies this preservation rule: The evidence must have been unavailable and not reasonably discoverable or presentable earlier. new-evidence reopening rule review records the DHS position. new-evidence reopening rule review requests findings on disputed requirements. new-evidence reopening rule review treats any stay separately.
Checklist
new-evidence reopening rule checklist starts with the final order. new-evidence reopening rule checklist identifies the current tribunal. new-evidence reopening rule checklist applies this rule: The filing should explain both materiality and prior unavailability. new-evidence reopening rule checklist checks every prior motion. new-evidence reopening rule checklist states the requested remedy. new-evidence reopening rule checklist separates reopening from reconsideration. new-evidence reopening rule checklist identifies any claimed exception.
new-evidence reopening rule checklist uses evidence tied to procedure. new-evidence reopening rule checklist avoids unsupported factual assertions. new-evidence reopening rule checklist applies this additional rule: The offered evidence must be material. new-evidence reopening rule checklist cites affidavits and exhibits precisely. new-evidence reopening rule checklist explains prior unavailability when required. new-evidence reopening rule checklist addresses contrary record material. new-evidence reopening rule checklist connects procedure to requested relief.
new-evidence reopening rule checklist should produce a reviewable ruling. new-evidence reopening rule checklist preserves timeliness disputes. new-evidence reopening rule checklist preserves numerical-limit disputes. new-evidence reopening rule checklist applies this preservation rule: Statements in a motion are not a substitute for supporting evidence. new-evidence reopening rule checklist records the DHS position. new-evidence reopening rule checklist requests findings on disputed requirements. new-evidence reopening rule checklist treats any stay separately.
Primary Legal Authorities and Sources
- EOIR Board Practice Manual 4.6 — Motions to Reopen Current BIA reopening guidance.
- EOIR Immigration Court Practice Manual 4.7 — Motions to Reopen Current Immigration Court reopening guidance.
- EOIR Board Practice Manual 4.2 — Filing a Motion Current BIA motion filing and jurisdiction guidance.
- INS v. Abudu, 485 U.S. 94 (1988) Supreme Court precedent describing independent reopening denial grounds.
- 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
What is the central rule for motion reopen new material unavailable evidence?
What deadline matters for motion reopen new material unavailable evidence?
What evidence matters for motion reopen new material unavailable evidence?
Does motion reopen new material unavailable evidence automatically stay removal?
Can equitable tolling solve every limit affecting motion reopen new material unavailable evidence?
How should motion reopen new material unavailable evidence be preserved for review?
Related INA237.com Guides
Need Help With a Removal Case?
If you have an NTA, immigration court notice, USCIS denial, ICE document, or criminal record relevant to possible removability, keep a complete copy available for review.
Request a Consultation