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Motion to reopen in immigration court: the 90-day deadline, the $1,095 fee and the exceptions

A motion to reopen asks the immigration judge to reopen a decided case on the basis of new facts. Under 8 CFR 1003.23(b)(1) it must generally be filed within 90 days of the final administrative order, a party gets one, and the filing fee for a motion to the immigration court is $1,095 unless an exception or fee waiver applies.

Most decisions in immigration court can be appealed, but an appeal looks back at the record that was made. A motion to reopen is different. It asks the judge who decided the case, or the Board, to reopen the case because there are new facts. A motion to reconsider asks the judge to correct an error of fact or law in the decision. The two have separate deadlines, separate content rules and, in some situations, separate fees.

This page sets out what 8 CFR 1003.23 (immigration court) and 8 CFR 1003.2 (Board of Immigration Appeals) say as at 9 October 2026, with the fee schedule that took effect on 1 October 2026. It also covers the exceptions that matter most to readers: motions to reopen an order entered in absentia, motions based on changed country conditions for asylum seekers, and joint motions. It describes rules. It does not say whether any person has grounds for a motion, which depends on the facts, the record and the law. Removal-proceedings deadlines are strict, so a person considering a motion should speak to an attorney or a DOJ-accredited representative as soon as possible. Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Words in quotation marks are the exact words of the regulation, the statute or the source named.

Reopen versus reconsider versus appeal

Three different requests are easy to confuse.

  • Appeal. A party challenges the immigration judge's decision on the existing record by filing Form EOIR-26 with the Board of Immigration Appeals. See our page on the BIA appeal.
  • Motion to reconsider. The party argues the decision contained an error. 8 CFR 1003.23(b)(2): the motion "shall state the reasons for the motion by specifying the errors of fact or law in the immigration judge's prior decision and shall be supported by pertinent authority." It "may not seek reconsideration of a decision denying a previous motion to reconsider."
  • Motion to reopen. The party offers new evidence. 1003.23(b)(3): the motion "shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits and other evidentiary material."

Who decides: 1003.23(b)(1) says the immigration judge "may upon the immigration judge's own motion at any time, or upon motion of DHS or the alien, reopen or reconsider any case in which the judge has rendered a decision, unless jurisdiction is vested with the Board of Immigration Appeals." Once an appeal is before the Board, the judge no longer has the case. The Board has parallel power over its own decisions (8 CFR 1003.2(a)).

The decision to grant is discretionary. 1003.23(b)(1)(iv): "The decision to grant or deny a motion to reopen or a motion to reconsider is within the discretion of the immigration judge." And (b)(3): "The immigration judge has discretion to deny a motion to reopen even if the moving party has established a prima facie case for relief."

Deadlines and the one-motion limit

The general rule is in 8 CFR 1003.23(b)(1):

"Subject to the exceptions in this paragraph (b)(1) and paragraph (b)(4), a party may file only one motion to reconsider and one motion to reopen proceedings. A motion to reconsider must be filed within 30 days of the date of entry of a final administrative order of removal, deportation, or exclusion, or on or before July 31, 1996, whichever is later. A motion to reopen must be filed within 90 days of the date of entry of a final administrative order of removal, deportation, or exclusion, or on or before September 30, 1996, whichever is later."

In short, for a removal order today: 30 days to reconsider, 90 days to reopen, and one of each. The same limits apply before the Board: 8 CFR 1003.2(b)(2) gives 30 days "after the mailing of the Board decision" to reconsider, and 1003.2(c)(2) gives 90 days after "the date on which the final administrative decision was rendered" to reopen, one motion each.

The limits "do not apply to motions by DHS in removal proceedings".

Counting from what date? The rule counts from the final administrative order. When an immigration judge's decision becomes final depends on whether an appeal is taken: under 1003.39, the decision "becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken whichever occurs first." If an appeal is taken, the Board's decision is the final administrative decision. A person who is counting a 90-day period should ask an attorney or accredited representative which date applies to their order, because getting the starting date wrong by even a few days can mean a missed deadline.

Four exceptions to the time and number limits are in 1003.23(b)(4): (i) motions to apply for asylum or withholding based on changed country conditions; (ii) in absentia orders in removal proceedings; (iii) in absentia orders in deportation and exclusion proceedings; and (iv) jointly filed motions. The next two sections cover the ones readers ask about most.

Exception: asylum, withholding and Convention Against Torture protection

1003.23(b)(4)(i):

"The time and numerical limitations set forth in paragraph (b)(1) of this section shall not apply if the basis of the motion is to apply for asylum under section 208 of the Act or withholding of removal under section 241(b)(3) of the Act or withholding of removal under the Convention Against Torture, and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous proceeding."

Four points from the rest of the paragraph:

  • The ground is narrow. The exception covers motions whose basis is "changed country conditions". A change in the person's own circumstances is not within the words.
  • No automatic stay. "The filing of a motion to reopen under this section shall not automatically stay the removal of the alien. However, the alien may request a stay and, if granted by the immigration judge, the alien shall not be removed pending disposition of the motion."
  • Frivolous applications. "If the original asylum application was denied based upon a finding that it was frivolous, then the alien is ineligible to file either a motion to reopen or reconsider, or for a stay of removal."
  • Evidence is required. A motion to reopen to seek relief "must be accompanied by the appropriate application for relief and all supporting documents" (1003.23(b)(3)).

The asylum one-year filing rule is a separate matter; see our page on the asylum one-year deadline.

Class settlements. EOIR's litigation notices page lists notices where a court-approved settlement gives class members a route to reopening. One example on the page says that a motion under it "is not subject to the time or numerical limitations of typical motions to reopen and you are not required to pay a filing fee to file the motion". Whether a person is a class member is a legal question; check EOIR's litigation notices page for what is current.

Exception: orders entered in absentia

A removal order entered because a person did not attend a hearing can be reopened on two tracks, set by 8 U.S.C. 1229a(b)(5)(C) and 8 CFR 1003.23(b)(4)(ii):

  • within 180 days of the order, if the failure to appear was because of "exceptional circumstances"; or
  • at any time, if the person "did not receive notice" as required by the statute, or was in federal or state custody and the failure to appear was through no fault of their own.

"An alien may file only one motion pursuant to this paragraph (b)(4)(ii)." And "The filing of a motion under this paragraph (b)(4)(ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge." Our page on in absentia removal orders covers these in full.

What a motion has to contain

1003.23(b)(1)(i) and (ii) set the form.

  • In writing and signed "by the affected party or the attorney or representative of record, if any."
  • In English or "accompanied by a certified English translation".
  • Disclosures. The motion must state "whether the validity of the exclusion, deportation, or removal order has been or is the subject of any judicial proceeding" and, if so, the nature, date, court and result. Where an order is in effect it must also "include a statement ... declaring whether the subject of the order is also the subject of any pending criminal proceeding under the Act, and, if so, the current status of that proceeding."
  • Filed with the right court. The motion is filed "with the immigration court having administrative control over the Record of Proceeding".
  • Service on DHS. "service of the motion shall be made upon the ICE Office of the Principal Legal Advisor for the field location in which the case was completed."
  • Appearance form. If the moving party is represented, "a Form EOIR-28 ... must be filed with the motion."
  • Fee or waiver. The motion "must be accompanied by proof of payment of the required filing fee in a manner and form authorized by EOIR or a fee waiver request pursuant to 8 CFR 1103.7(c)." EOIR's practice manual adds that a document-assistance practitioner files Form EOIR-61, and recommends that a change-of-address form (EOIR-33/IC) accompany a motion so the court has a current address.
  • Duplicate copies if on paper. "If filed in paper, the motion must be filed in duplicate with the immigration court."

Content tests. A motion to reopen "will not be granted unless the immigration judge is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing." And "A motion to reopen for the purpose of providing the alien an opportunity to apply for any form of discretionary relief will not be granted if it appears that the alien's right to apply for such relief was fully explained to them by the immigration judge and an opportunity to apply therefor was afforded at the hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing."

Cancellation of removal. A motion to reopen for cancellation of removal "may be granted only upon demonstration that the alien was statutorily eligible for such relief prior to the service of a Notice to Appear, or prior to the commission of an offense referred to in section 212(a)(2) of the Act that renders the alien inadmissible or removable under sections 237(a)(2) or (a)(4) of the Act, whichever is earliest." See our page on cancellation of removal.

The reply. The judge "may set and extend time limits for replies", and "A motion shall be deemed unopposed unless timely response is made" (1003.23(b)(1)(iv)).

The fee: $1,095, and when it is not required

The fee table is in 8 CFR 1103.7(b)(2), as amended by the final rule at 91 FR 54211 (21 August 2026), effective 1 October 2026:

  • Motion to reopen or reconsider a decision of an immigration judge: $1,095 ($145 EOIR fee plus $950 OBBBA fee).
  • Motion to reopen or reconsider a decision of the Board of Immigration Appeals: $1,060 ($110 plus $950).
  • A motion to reopen a decision "that is based exclusively on an application for relief that does not require a fee": $950.
  • A motion to reconsider based exclusively on a prior application for relief that did not require a fee: $950.

The OBBBA component is adjusted for inflation every year, so the numbers can change at the start of each fiscal year. Check EOIR's forms and fees page before paying.

How to pay. "The only accepted form of fee payment is payment through the EOIR Payment Portal" (1103.7(a)(1)). Paying is not filing: the regulation says "Payment of any fee under this section does not constitute filing of the appeal, motion, or application." The motion has to carry proof of payment.

No fee in these cases. 8 CFR 1003.24(b)(2) lists motions that need no filing fee:

  1. "A motion filed while proceedings are already pending before the Immigration Court";
  2. "A motion requesting only a stay of removal, deportation, or exclusion";
  3. a motion to reopen a deportation or removal order entered in absentia "if the motion is filed pursuant to section 242B(c)(3)(B) of the Act ... or section 240(b)(5)(C)(ii) of the Act" (the lack-of-notice and custody grounds);
  4. "Any motion filed by the Department of Homeland Security";
  5. "A motion that is agreed upon by all parties and is jointly filed"; and
  6. "Any motion filed under a law, regulation, or directive that specifically does not require a filing fee."

Read item 3 closely. It names the section 240(b)(5)(C)(ii) ground (no notice, or custody). It does not name the 180-day exceptional-circumstances ground in section 240(b)(5)(C)(i). EOIR's practice manual says only that "A filing fee or fee waiver request may be required, depending on the nature of the motion." Which fee rule applies to a specific in absentia motion is a point to settle with an attorney or accredited representative before filing.

Fee waiver. 1003.24(d): the judge "has the discretion to waive a fee for a motion or application for relief upon a showing that the filing party is unable to pay the fee". The request "must be accompanied by a properly executed affidavit or unsworn declaration made pursuant to 28 U.S.C. 1746 substantiating the filing party's inability to pay the fee." If it is denied, "the application or motion will not be deemed properly filed, provided the Immigration Judge grants 15 days to re-file the rejected document with the filing fee or new fee waiver request and tolls any applicable filing deadline during the 15-day cure period."

Application fees come later. When a motion to reopen is based on an application for relief, the motion fee is paid with the motion. The fee for the application "shall not accompany the motion"; if the motion is granted, the application fee is paid "within the time specified by the Immigration Judge" (1003.24(c)(2)).

Does filing a motion stop removal?

Usually not. 1003.23(b)(1)(v): "Except in cases involving in absentia orders, the filing of a motion to reopen or a motion to reconsider shall not stay the execution of any decision made in the case. Execution of such decision shall proceed unless a stay of execution is specifically granted by the immigration judge, the Board, or an authorized DHS officer."

So there are two separate requests: the motion itself, and a request for a stay. A motion "requesting only a stay of removal" needs no filing fee (1003.24(b)(2)(ii)). The Board's page lists a fact sheet on BIA emergency stay requests among its resources.

The exceptions are the in absentia motions. For an order entered in absentia in a removal proceeding, "The filing of a motion under this paragraph (b)(4)(ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge."

Leaving the country. The regulation is direct: "A motion to reopen or to reconsider shall not be made by or on behalf of a person who is the subject of removal, deportation, or exclusion proceedings subsequent to his or her departure from the United States. Any departure from the United States, including the deportation or removal of a person who is the subject of exclusion, deportation, or removal proceedings, occurring after the filing of a motion to reopen or a motion to reconsider shall constitute a withdrawal of such motion." How that applies to a particular person who has left or is planning to leave is a legal question for an attorney.

Worked example of timing, and what a representative reviews

Take a made-up case to see how the timing rules interact. A judge orders removal at a hearing the person attended. The person does not appeal. Under 1003.39, the decision becomes final when the appeal time (10 calendar days under 1003.38(b)(1), or 30 days in the asylum cases described in (b)(2)) expires without an appeal. The 90-day count for a motion to reopen runs from "the date of entry of a final administrative order". Whether the count starts on the day of the hearing or the day the appeal period ran out is a question for the person's representative to resolve; this page does not decide it.

Now take a different case: the same person has an order entered in absentia because a notice went to an old address. The 90-day limit does not govern. If the person says they never received notice, the statute allows a motion "at any time", and filing it stays removal. If the person says serious illness caused the absence, the limit is 180 days.

A regulated representative preparing a motion typically reviews:

  1. the final order, its date and any appeal history;
  2. which exception, if any, to the 90-day and one-motion limits is available;
  3. the new evidence, whether it "was not available and could not have been discovered or presented" at the earlier hearing;
  4. any application for relief that must accompany the motion, and its supporting documents;
  5. fees, fee waiver evidence, and the proof of payment the motion needs; and
  6. whether a stay request must be filed alongside.

That list describes the work. It is not advice about whether to file. Only an attorney or a DOJ-accredited representative can represent a person in immigration court (8 CFR 1292.1(e)). Our pages on who can give immigration advice and deportation defense representation explain the list.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

How much is a motion to reopen in immigration court?

$1,095 for a motion to reopen or reconsider an immigration judge's decision ($145 plus $950), per 8 CFR 1103.7(b)(2) and the fee rule effective 1 October 2026. It is $1,060 for a Board decision and $950 where the motion rests only on a no-fee application for relief. Some motions need no fee, and a fee waiver can be requested.

How long do I have to file a motion to reopen?

Generally 90 days from the final administrative order (8 CFR 1003.23(b)(1)). A motion to reconsider is 30 days. There are exceptions, including changed country conditions for asylum-type relief, in absentia orders and joint motions.

Can I file more than one motion to reopen?

Subject to the exceptions, a party may file only one motion to reopen and one motion to reconsider (8 CFR 1003.23(b)(1)). An in absentia motion under (b)(4)(ii) is also limited to one.

Does a motion to reopen stop my deportation?

Usually not. Filing a motion "shall not stay the execution of any decision" unless a stay is specifically granted, except for in absentia orders where filing stays removal pending the judge's decision (8 CFR 1003.23(b)(1)(v) and (b)(4)(ii)).

What is the difference between a motion to reopen and a motion to reconsider?

A motion to reopen offers new facts supported by evidence. A motion to reconsider points out errors of fact or law in the decision, supported by authority (8 CFR 1003.23(b)(2) and (3)).

What if I leave the United States after filing?

8 CFR 1003.23(b)(1) says departure after filing "shall constitute a withdrawal of such motion", and that a motion cannot be made by or for a person after departure. Ask an attorney or accredited representative how that applies before travelling.

Sources

Last checked 2026-10-09.

Related guides

  • Missed immigration court: in absentia removal orders, the 180-day motion and what the law says about notice — If a person does not attend a removal hearing after written notice, an immigration judge must order removal in absentia when DHS proves notice and removability by clear, unequivocal and convincing evidence. The order can be rescinded only by a motion to reopen: within 180 days for exceptional circumstances, or at any time for no notice or federal or state custody. There is no appeal to the BIA.
  • BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
  • Notice to Appear (NTA): what it is, what it must say and what happens next — A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.
  • How to check your immigration court case status (EOIR ACIS, phone line and the court) — EOIR runs an Automated Case Information System that shows basic status for certain immigration court and Board of Immigration Appeals cases. You look up a case with the A-number and a nationality, online or by phone. EOIR says the documents the court or the Board send to you or your representative are the only official determinations.
  • Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
  • The asylum one-year filing deadline: how the year is counted, the two exceptions and who is exempt — An asylum application must be filed within 1 year after the person's last arrival in the United States, and the applicant must prove that "by clear and convincing evidence", unless one of two statutory exceptions applies (changed circumstances, or extraordinary circumstances that caused the delay) or the applicant is an unaccompanied child. The deadline applies to asylum, not to withholding of removal or Convention Against Torture protection.
  • Deportation defense: who the law lets represent you in immigration court, and how to check — In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.
  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.