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Removal Proceedings: Motions To Reconsider A Removal Order

Last updated on July 24, 2024

Going through a removal proceeding and facing the possibility of deportation is overwhelming. When the proceeding ends with a removal order, and you are ordered to leave the country, it can be devastating. At Wilson Law Group in Minneapolis, our immigration and deportation defense attorneys regularly fight tough odds. If you believe the immigration judge or Board of Immigration Appeals made a factual or legal error in deciding your case, our immigration lawyers can help you file a motion to reconsider.

What Is A Motion To Reconsider?

Unlike a motion to reopen, a motion to reconsider does not allow new facts or evidence to be introduced for consideration. A motion to reconsider claims that the law was applied incorrectly or asks that the judge or Board of Immigration Appeals reconsider the case in light of new immigration laws or regulations.

Filing Deadlines For Motions To Reconsider

The law establishes strict time and number limits for motions to reconsider a final order of removal. You must file a motion to reconsider within 30 days of the date of the entry of the removal order. Generally, you are only entitled to file one motion to reconsider. The motion must be in writing and specify clearly the errors of fact or law in the Immigration Judge or Board’s decision. Filing a motion to reconsider does not affect the 30-day deadline for filing an appeal of the decision of an Immigration Judge or the Board. The same deadline applies if you wish to appeal the denial of a motion to reconsider.

Consult With An Immigration Litigation Attorney For Free

Our immigration lawyers at Wilson Law Group offer free consultation appointments and case assessments. You can schedule your free appointment by calling our office at 612-430-8022 or by sending us an email through our website. Our lawyers will assess your case and determine whether a motion to reconsider is an appropriate strategy for your case.