Bergen County Motions to Reopen or Reconsider Lawyer — Can Your Case Be Reconsidered?

A motion to reopen or reconsider is a critical legal request to an immigration judge or the Board of Immigration Appeals (BIA) to review a negative decision. In Bergen County, these motions are governed by strict deadlines and procedural rules under 8 C.F.R. § 1003.2 and § 1003.23.

What Is a Motion to Reopen or Reconsider?

In immigration law, a motion to reopen or reconsider asks a court to take another look at a case after an order of removal, deportation, or denial has been issued. These are distinct legal tools with specific purposes. A motion to reopen is based on new facts or evidence that were not available at the original hearing. A motion to reconsider argues that the court made an error in applying law or policy to the facts of the case. The rules and deadlines for these motions are strict, typically 30 days for a motion to reconsider and 90 days for a motion to reopen, with limited exceptions. Failing to meet these deadlines or follow procedural requirements usually results in denial.

Last verified: April 2026 | Newark Immigration Court | Executive Office for Immigration Review

Official Immigration Law Resources

Understanding the formal regulations is essential. The procedures for motions to reopen or reconsider are codified in federal law.

• 8 C.F.R. Part 1003 — Executive Office for Immigration Review: This section contains the rules of practice for immigration courts and the BIA, including motion procedures.
• USCIS Policy Manual: While motions are typically filed with courts, USCIS policy can inform arguments regarding underlying visa or status petitions that led to proceedings.

The Process for Filing a Motion in Bergen County

Filing a motion to reopen or reconsider in Bergen County involves the Newark Immigration Court or the BIA. The process is highly procedural. An insider note: The Newark court sees a high volume of cases, and motions that are not meticulously formatted and supported are often summarily denied. Clerks look for strict compliance with page limits, filing deadlines, and service requirements. A successful motion must immediately grab the adjudicator’s attention with a clear statement of the legal basis and the relief sought.

1. Case Review & Strategy: Immediately obtain a full copy of your immigration court record. Analyze the judge’s decision to identify legal errors or gather new evidence.
2. Draft the Motion: The motion must clearly state whether it is to reopen or reconsider, cite the specific regulatory authority, and include a legal memorandum supporting your arguments.
3. Gather Evidence: For a motion to reopen, assemble affidavits, documents, or country condition reports that are new and material. For reconsideration, highlight the legal error with citations.
4. File and Serve: File the motion, supporting documents, and proof of service with the correct court (Immigration Court or BIA) and serve a copy on the opposing counsel (ICE Chief Counsel).
5. Prepare for Possible Hearing: While many motions are decided on the papers, be prepared to argue your motion before the judge if one is scheduled.

Potential Outcomes and Considerations

In Bergen County immigration proceedings, a granted motion to reopen can put your entire case back before the judge, while a granted motion to reconsider may lead to an immediate reversal of the prior decision.

It is important to understand that filing a motion does not automatically stop deportation. You must often file a separate request for a stay of removal. The outcome of your motion depends entirely on the strength of your new evidence or legal argument.

Results may vary. Prior results do not guarantee a similar outcome.

Our Experience with Immigration Appeals

Founded in 1997, the Law Offices Of SRIS, P.C. has built a practice that includes handling immigration appeals, including motions to reopen or reconsider. Our approach is to provide clear, strategic guidance during a stressful process. We focus on constructing legally sound arguments and ensuring all procedural details are handled correctly. Mr. Sris, the firm’s founder, oversees our immigration practice, bringing a long-term perspective to case strategy.

Discuss Your Motion with a Lawyer

If you have received a negative decision from an immigration court or the BIA, time is critical. We can review your case to determine if grounds exist for a motion to reopen or reconsider. Our team assesses deadlines, evidence, and legal strategies to advise you on the best path forward.

Frequently Asked Questions: Motions to Reopen or Reconsider

Related Legal Services in New Jersey

If you are facing other immigration challenges, our firm can help. Explore related services:

• New Jersey Immigration Lawyer: Overview of our full immigration practice in the state.
• Newark Immigration Lawyer: Assistance with cases at the Newark Immigration Court.
• Bergen County Criminal Defense Lawyer: Defense against charges that can trigger immigration consequences.

Page last verified and updated: April 2026. Immigration laws and policies change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding motions to reopen or reconsider.