Do I need a motion to reopen, a motion to reconsider, or an appeal?
They do different jobs. A motion to reopen brings new facts, with evidence. A motion to reconsider says the decision was legally or factually wrong on the record that existed, and it is due in 30 days. An appeal on Form EOIR-26 goes to the Board, also within 30 days. If you lost a decision only days ago, an appeal is often the safer first step, because a timely appeal of a merits decision stops removal and a motion does not. A motion does not stop or extend the appeal deadline. Once an appeal is filed, the judge can no longer rule on a motion. If your order came because you missed court, the route is different and is set out in our in absentia guide. If your case was administratively closed rather than decided, the correct filing is a motion to recalendar. The court reads a motion by its content, not by its title, so renaming it will not avoid the limits.
What is the deadline, and where do I file?
The general limit is 90 days from the date of entry of the final administrative order. It counts from the order, not from when you learned about it or found a lawyer, and EOIR's manual says time and number limits are strictly enforced. The motion must be received by the deadline. File where the case last was. If the judge made the last decision and no appeal was taken, file with the immigration court that controls your record. If the Board made the last decision, file with the Board. If an appeal is pending, a motion to the Board is generally treated as a motion to remand. Some deadlines are not 90 days: 180 days applies to in absentia orders based on exceptional circumstances, and certain battered spouses, children and parents have 1 year. Some circuits, such as the Sixth, have applied equitable tolling to late motions. The Board's August 2026 decision on the number limit mentions tolling of the deadline only in passing, so do not plan around it.
Why do I only get one, and what if my first motion was weak?
The statute says you may file one, and in Matter of M-M-L-J-, decided August 18, 2026, the Board held that this means one across the immigration court and the Board together, apart from the statutory exception for battered spouses, children and parents, and that equitable tolling does not apply to that number limit. That ruling applies in circuits that have not spoken. The Board acknowledged Second, Seventh and Ninth Circuit decisions allowing tolling in some fashion, and it left open motions based on changed country conditions. If you already filed something, even through a notario, assume it may count. A later supplement that raises fundamentally different claims is treated as a separate motion, as the Board held in Matter of D-E-B-. So gather the whole case before filing. Do not file a thin motion to hold a place. If a prior representative filed badly, see the section below on ineffective assistance before doing anything else.
What must the motion contain to have a chance?
New facts, proven by affidavits or other evidence, that are material and could not have been found or presented earlier. Statements in the motion itself are not evidence. If you seek relief, attach the completed application and all support, such as an I-589, or an I-130 with its receipt or approval, but pay the application fee only if the motion is granted. Include a cover page, Form EOIR-33, Form EOIR-28 if represented, proof of service on ICE, the order if you have it, and the position of DHS or your attempts to find out. The regulation also requires statements on any court challenge to the order and any pending criminal case. Do not assume your sworn statement will be accepted. In Matter of J-E-D-C-, decided October 19, 2026, the Board said judges need not accept affidavit facts as true, even when they are not inherently unbelievable, and it declined to follow the Ninth Circuit's contrary rule. The conflict is live: the decision itself quotes the Ninth Circuit saying a Board decision cannot displace its precedent. In that circuit, which includes California, Arizona and Washington, raise the rule to preserve it, and attach outside corroboration anyway.
Can a motion be filed late because of a new marriage or changes in my country?
These two reasons are treated very differently. Changed country conditions: there is no time or number limit for a motion to seek asylum, withholding or torture protection based on changes arising in your country of nationality or the country of removal, if the evidence is material and was not available earlier. The change must be in the country. Changes in your own life are a different matter, and you must compare conditions then and now with evidence. A new marriage: this is not an exception. A late motion then depends on the judge's or Board's own power to reopen, which is reserved for exceptional situations. In 2026 the Board held in Matter of Yadav that a valid marriage to a U.S. citizen after a removal order is not one, and it said the same of later equities in Matter of Herrera-Nunez. Matter of Pierre-Louis, decided October 30, 2026, says the Board generally will not do this for an arriving alien seeking adjustment. A jointly filed motion is the other route, and it is DHS's choice.
Does filing stop deportation?
Generally no. Only certain in absentia motions, and a few motions by battered spouses, children and parents, carry an automatic stay. In every other case, ICE may remove you while the motion is pending unless a stay is granted, and a stay request by itself changes nothing. The DHS stay regulation says the same: neither the request nor waiting for an answer delays removal or excuses you from a notice to surrender. So do not treat a filed motion or a pending request as protection until a stay has actually been granted.
How do I ask for a stay, and in what order?
Since June 2026, Matter of Herrera-Nunez says a person with a final order should ask DHS first, before the Board considers a stay. File Form I-246 with the DHS office covering the place where you are; DHS charges a fee but may waive it. Give the Board proof of that request, allow DHS adequate time to respond, and file a copy of its decision with your Board stay request. If you could not, explain why; the Board accepts that an emergency may leave too little time. A DHS denial does not stop the Board or a judge from granting a stay. A judge can consider a stay only if a motion is pending in the court. A motion asking only for a stay has no filing fee. Emergency handling applies only if you are in DHS custody and removal is imminent. For the Board, call the Emergency Stay Unit at 703-306-0093 on non-holiday weekdays, 8:30 a.m. to 5:00 p.m. Eastern; for a court, call the court that issued the order. Requests from people not facing removal within three business days are non-emergency. If your relative is detained, use our guide to finding a case and hearing.
What if my lawyer or notario caused the problem?
Ineffective assistance can support reopening, and it may be the reason a late motion is considered, depending on your circuit. But it has formal requirements under Matter of Lozada, which the Board restated in July 2026: your detailed affidavit about the agreement with counsel; proof that the former lawyer was told of your complaint and could respond; and a copy of the bar complaint with proof of filing, or an explanation of why none was filed. Circuits differ on how strictly these steps are applied. Do them before filing, not after. You also usually need to show the error harmed you, and the 2026 decision in Matter of M-M-L-J- shows that this argument will not get around the number limit outside circuits that allow it. EOIR warns that a notario or notary public is not an attorney. Gather your receipts, messages and contract with that person now, because they become your evidence.
What does it cost, and what can go wrong while it is pending?
As of October 2026, EOIR lists $1,095 before a judge and $1,060 before the Board, or $950 for certain motions based only on a no-fee application. A judge may waive the fee on Form EOIR-26A if you show inability to pay. Jointly filed motions have no fee. Neither does a motion to rescind an in absentia order on the no-notice or custody ground, under INA § 240(b)(5)(C)(ii) or former § 242B(c)(3)(B). Do not leave the United States: the regulation bars a motion after departure and treats departure while it is pending, including removal, as withdrawal. Federal appeals courts, including the Third and Tenth Circuits, have refused to apply that bar to motions the statute allows, though not to requests that fall outside it. If you have left, get advice first. A motion filed during a voluntary departure period ends that grant automatically and the alternate removal order takes effect at once, but the penalties for failing to depart do not apply. A motion filed after the period expired does not change it or generally undo penalties. A granted motion only returns you to a hearing, and a judge may deny one even if you show prima facie eligibility.
What if the motion is denied, and when do I call a lawyer?
A judge's denial can be appealed to the Board on Form EOIR-26 within 30 days, generally without an automatic stay and generally without a transcript. A Board denial goes by petition for review to the federal court of appeals within 30 days, and that clock is separate from the clock on the underlying order. Because you may get only one motion, the best time to call is before you file anything. Talk to a lawyer today if ICE has contacted you or an order is more than a few weeks old. Anna Tsibel, Ace Immigration's attorney, speaks Russian, is licensed by the California bar and can assess whether you still have a motion to file. No lawyer can promise that a case will be reopened. Request a consultation and read about our removal defense work. Bring the order, any earlier motions and your evidence.