Motion to Reopen / Motion to Reconsider

A motion to reopen introduces new and additional evidence that is material and that was unavailable at the original hearing. This evidence must have been unavailable, just not presented at the time of the previous hearing. Motions to reopen must be filed within 30 days of the decision. A motion to reconsider either identifies an error in law or fact in a prior decision or identifies a change in law that affects a prior decision and asks the judge to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.

While working at an Immigration Court, Attorney Benny wrote decisions for Immigration Judges regarding motions to reopen and motions to reconsider. Further, Rehoboth Law has represented many clients who have motions to reopen/ reconsider.