A motion to reopen asks the immigration judge or the Board of Immigration Appeals (BIA) to set aside a removal order because of facts the court never had – a hearing you never knew about, an approved I-130, new danger at home, or a lawyer who never filed. It is the main way to undo a deportation order once the appeal window closes. Francis Law Center files these motions before the Chicago Immigration Court, which hears Illinois and Wisconsin cases, and the BIA.
Key Takeaways
- Check for an order on EOIR’s Automated Case Information portal or at 800-898-7180 with your A-number.
- One motion to reopen within 90 days of the final order; reconsideration within 30 (INA §240(c)(6)–(7); 8 CFR 1003.2, 1003.23).
- In absentia orders: 180 days for exceptional circumstances, any time for lack of notice or custody – and that motion stays removal automatically (INA §240(b)(5)(C)).
- Filing fee: $1,065 before a judge, $1,030 before the BIA through September 30, 2026; $1,095 and $1,060 from October 1 (91 FR 54211). Lack-of-notice and joint motions are free.
- Other motions do not stop removal – request a stay separately – and leaving the United States after filing withdraws the motion (8 CFR 1003.2(d), (f)).
| Do You Have a Removal Order? Call 866-868-1596 for a Free Case Evaluation Our intake team will review your situation at no charge. Book a Consultation with Dr. Jae Francis A paid one-on-one consultation directly with Dr. Jae Francis. |
What Is a Motion to Reopen, and How Is It Different From an Appeal?
A motion to reopen asks the tribunal that decided last to reopen the record for new facts – not to re-argue facts already in the file. An appeal challenges the decision on the existing record and is due within days (BIA appeal explainer); a motion to reconsider says the law was misapplied and is due in 30 days; a motion to reopen brings something new and is due in 90 (8 CFR 1003.2(b)–(c)). It goes to the Board if the Board decided last, otherwise to the immigration court holding the record (8 CFR 1003.23(b)(1)).
How Do I Find Out Whether I Have a Removal Order?
Check EOIR’s Automated Case Information portal or call 800-898-7180 with your A-number – printed on the Notice to Appear and on USCIS or ICE letters; if you cannot find it, we can help. We obtain the court file and the Notice to Appear before advising on a motion, because the notice history decides which ground and deadline apply.
What Is the Deadline to File a Motion to Reopen?
Ninety days from the date the order became final – when the appeal period ran out or, if appealed, the Board’s decision – and one motion (INA §240(c)(7)). Outside those limits:
- Changed country conditions – asylum or withholding motions have no time or number limit if the evidence is material and was unavailable before (8 CFR 1003.23(b)(4)(i)).
- Joint motions DHS agrees to file – no limits (8 CFR 1003.2(c)(3)(iii)).
- VAWA motions – one more within a year, waivable for extraordinary circumstances or extreme hardship to the child (INA §240(c)(7)(C)(iv)).
- In absentia orders – 180 days, or no limit for lack of notice or custody.
- Sua sponte – the judge or Board may reopen “at any time” in exceptional situations (8 CFR 1003.2(a)).
The Seventh Circuit allows equitable tolling for diligent movants, usually where a lawyer’s misconduct hid the problem (Gaberov v. Mukasey, 516 F.3d 590 (7th Cir. 2008)), but never a second motion (Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026)).
How Do You Reopen an In Absentia Removal Order?
By a motion to rescind under INA §240(b)(5)(C); an in absentia order cannot be appealed. Within 180 days, show exceptional circumstances – battery or extreme cruelty, your serious illness, or the death or serious illness of a spouse, child, or parent (INA §240(e)(1)). At any time, show you never received notice or were in custody through no fault of your own. Either motion automatically stays removal. Notice decides these cases: a hearing notice with the time and place defeats a lack-of-notice claim even if the NTA was blank (Campos-Chaves v. Garland, 602 U.S. 447 (2024)); notice mailed to the last address you gave the government, even to USCIS before the NTA, suffices (Matter of Diji, 30 I&N Dec. 1 (BIA 2026)); the regular-mail presumption can be rebutted (Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008)). File Form EOIR-33/IC whenever you move.
Act quickly: an in absentia order carries a 10-year bar on cancellation, voluntary departure, adjustment, change of status, and registry – but only if you were warned orally, in a language you understand, of the hearing and those consequences (INA §240(b)(7)) – and anyone with such an order who stayed and was later arrested now owes a $5,130 in absentia arrest fee (8 U.S.C. §1814); rescinding the order removes it.
How Much Does a Motion to Reopen Cost?
$1,065 before an immigration judge and $1,030 before the BIA through September 30, 2026; $1,095 and $1,060 from October 1. The 2025 budget law added a statutory fee ($920, then $950) that most motions pay on top of EOIR’s fee (EOIR fee schedule; 91 FR 54211):
- Based only on a no-fee application (asylum, withholding, CAT): $920, then $950.
- No fee: lack-of-notice or custody in absentia motions, joint motions, stay-only motions, DHS motions (8 CFR 1003.24(b)(2)). Exceptional-circumstances in absentia motions do pay.
- Fee waiver (Form EOIR-26A) for inability to pay, filed with the motion; if rejected, 15 days to refile with the deadline tolled.
| Talk to Francis Law Center About Your Case Call 866-868-1596 for a Free Case Evaluation Our intake team will review your situation at no charge. Book a Consultation with Dr. Jae Francis A paid one-on-one consultation directly with Dr. Jae Francis. |
What Do You Have to Prove to Win a Motion to Reopen?
Three things: new, material evidence that could not have been presented at the hearing; prima facie eligibility for the relief sought; and favorable discretion (8 CFR 1003.2(c)(1)) – a “heavy burden” (Matter of Coelho, 20 I&N Dec. 464 (BIA 1992)) that fails on any one ground (INS v. Abudu, 485 U.S. 94 (1988)). Attach an application ready to be granted: an approved I-130 from a U.S. citizen spouse (see marriage green card in removal proceedings), a cancellation application with hardship evidence, or an asylum claim with country reports. After the 90 days run, a new marriage to a U.S. citizen is not by itself an “exceptional situation” for sua sponte reopening (Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)); the realistic route is a joint motion with DHS’s written agreement, which adjudicators are not required to grant (PM 25-05). Where a lawyer or notario failed to act, Matter of Lozada requires your affidavit, notice to that lawyer with a chance to respond, and – since July 2026 – a copy of the bar complaint with proof of filing or an explanation of why none was filed (Matter of L-R-M-C-), plus proof that the failure changed the outcome.
Does a Motion to Reopen Stop Removal?
No, except in absentia rescission motions. Every other motion needs a separate stay from the judge, the Board, or ICE (8 CFR 1003.2(f)); we file the stay request with the motion; ICE’s stay goes on Form I-246 ($155). If detained, a bond hearing runs separately. Two traps: leaving the United States after filing withdraws the motion – the Seventh Circuit holds the departure bar cannot strip the Board of jurisdiction over a timely motion (Marin-Rodriguez v. Holder, 612 F.3d 591 (7th Cir. 2010)), but stay – and filing during a voluntary departure period ends that grant and activates the alternate removal order, though the voluntary-departure penalties do not apply (8 CFR 1240.26).
How Long Does a Motion to Reopen Take?
In our experience, in absentia motions with a clear notice defect are decided in weeks to a few months; motions for new relief take longer, because a grant only restarts the case. DHS has 20 days to respond at the BIA (8 CFR 1003.2(g)(3)) and 10 days on in absentia motions in court; an unanswered motion is deemed unopposed, not granted.
How Francis Law Center Handles Motions to Reopen
Have ready if you can: your A-number, court, ICE or prior-lawyer papers, addresses since the Notice to Appear, and documents for the relief you seek – but do not wait; the deadline runs.
- Get the record – NTA, hearing notices, mailing history, and the order date from ACIS.
- Pick the ground and the deadline – notice, exceptional circumstances, new relief, changed conditions, ineffective assistance, or a joint motion.
- Build the relief application first – I-130 and adjustment, 42B, or asylum.
- Prove what was unavailable – declarations, address histories, medical and country records, and the Lozada package.
- File through ECAS with the fee or waiver and the stay request; if denied, appeal to the BIA on Form EOIR-26 – treat the deadline as 10 calendar days – then the Seventh Circuit within 30 days.
Why Choose Francis Law Center
Dr. Jae Francis leads a bilingual removal defense practice that appears regularly in the Chicago Immigration Court and briefs the Board and the Seventh Circuit, from offices in Chicago, Schaumburg, and Madison. We tell you when a motion has no realistic chance and file it in time when it does.
Frequently Asked Questions
How long do I have to file a motion to reopen?
90 days from the final order, one motion; reconsideration within 30 days (INA §240(c)(6)–(7)). In absentia orders: 180 days for exceptional circumstances, any time for lack of notice or custody. Changed-country-conditions, joint, and VAWA motions sit outside the 90 days; tolling is possible for diligent movants, a second motion is not (Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026)).
How much does a motion to reopen cost in 2026?
$1,065 before an immigration judge and $1,030 before the BIA through September 30, 2026; $1,095 and $1,060 from October 1 (91 FR 54211). Motions based only on asylum, withholding, or CAT pay $920, then $950. Lack-of-notice in absentia, joint, and stay-only motions are free (8 CFR 1003.24(b)(2)). Attorney fees are separate.
Will filing a motion to reopen stop my deportation?
Only an in absentia rescission motion, which the statute says “shall stay the removal” (INA §240(b)(5)(C)). Every other motion needs a separate stay from the judge, the Board, or ICE (Form I-246), and ICE can execute the order meanwhile.
Can I reopen my case if I was already deported?
Sometimes. The regulation bars motions after departure (8 CFR 1003.2(d)), but the Seventh Circuit holds it cannot strip the Board of jurisdiction over the one timely statutory motion (Marin-Rodriguez v. Holder, 612 F.3d 591 (7th Cir. 2010)); the Board may still apply it on other grounds. Never leave the country while a motion is pending.
My previous lawyer never filed my application. Can I reopen on that basis?
Yes, if the motion meets Matter of Lozada, 19 I&N Dec. 637 (BIA 1988): your sworn statement, notice to the former lawyer with a chance to respond, and – since Matter of L-R-M-C-, 29 I&N Dec. 757 (BIA 2026) – the bar complaint with proof of filing or an explanation of why none was filed, plus proof the failure changed the outcome.
| The Clock Started When Your Order Became Final Call 866-868-1596 for a Free Case Evaluation Our intake team will review your situation at no charge. Book a Consultation with Dr. Jae Francis A paid one-on-one consultation directly with Dr. Jae Francis. |
Offices
Chicago: 53 W Jackson Blvd, Suite 725, 60604 · Schaumburg: 1931 N. Meacham Rd, Suite 102, 60173 · Madison: 2810 Crossroads Dr, Ste 3550, 53718.
Disclaimer
This page provides general information about U.S. immigration law and does not constitute legal advice. Reading this page or contacting Francis Law Center does not create an attorney-client relationship. Immigration law changes frequently and outcomes depend on the specific facts of each case. For advice about your situation, speak with a licensed immigration attorney.
