Motions to Reopen or Reconsider Lawyer in New Jersey
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 prior decision. In New Jersey, these motions are governed by strict deadlines and procedural rules under federal law.
Last verified: April 2026 | New Jersey Immigration Courts | New Jersey Legislature
Understanding Motions to Reopen or Reconsider in New Jersey
In New Jersey immigration proceedings, a motion to reopen asks the court to reexamine a case based on new facts or evidence that were not available at the time of the original decision. A motion to reconsider requests the court to review its decision for legal or factual errors. Both are governed by the Immigration and Nationality Act (INA) and corresponding regulations. The process is highly technical, with a 30-day filing deadline for most motions to reconsider and a 90-day deadline for most motions to reopen, though exceptions exist. Failing to meet these deadlines or to properly support the motion can result in a denial, potentially closing the door to further relief.
Official Legal Resources
For the official text of the regulations governing motions before the Executive Office for Immigration Review (EOIR), refer to the EOIR regulations on the U.S. Department of Justice website. You can also review the official U.S. government portal for EOIR information.
Procedural Insights for New Jersey Immigration Courts
Filing a motion to reopen or reconsider in New Jersey immigration courts requires strict adherence to procedural rules. The motion must be filed with the appropriate court—either the Immigration Court that issued the original order or the Board of Immigration Appeals (BIA). The filing must include the required fee or a fee waiver request, a copy of the decision being challenged, and a detailed legal brief supporting the grounds for reopening or reconsideration. For a motion to reopen based on new evidence, that evidence must be material and previously unavailable.
- Consult with an immigration attorney as early as possible to assess the viability of a motion and identify the correct legal grounds.
- Gather all necessary documentation, including the original decision, new evidence (if any), and supporting legal briefs.
- Prepare and file the motion with the correct immigration court or the BIA before the strict deadline expires.
- Serve a copy of the filed motion on the opposing counsel from U.S. Immigration and Customs Enforcement (ICE).
- Prepare for and attend any scheduled hearings regarding the motion.
- If the motion is granted, proceed with the reopened case or reconsidered decision according to the court’s instructions.
Potential Outcomes and Legal Standards
In New Jersey, a successful motion to reopen or reconsider can lead to the reversal of a deportation order, the granting of relief previously denied, or a new hearing.
| Motion Type | Primary Legal Standard | Possible Outcome if Granted | Key Filing Consideration |
|---|---|---|---|
| Motion to Reopen | New, material evidence previously unavailable. | Case reopened for a new hearing on merits. | 90-day deadline generally applies. |
| Motion to Reconsider | Error of law or fact in the prior decision. | Prior decision re-evaluated and potentially reversed. | 30-day deadline generally applies. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Motion
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to contested immigration matters. Our firm-wide track record includes over 4,739 case results. We understand the high stakes of motions to reopen or reconsider and provide focused, strategic representation aimed at preserving your right to remain in the United States. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in New Jersey and beyond.
Seeking an Affordable Motions to Reopen or Reconsider Lawyer Near Me in New Jersey
If your search is for an affordable motions to reopen or reconsider lawyer New Jersey, our firm offers clear fee structures and payment options. We provide 24/7 phone consultations to discuss your case. When you need a motions to reopen or reconsider lawyer near me New Jersey, our New Jersey location serves clients statewide, including those in Bergen, Middlesex, and Monmouth Counties. We represent individuals at immigration courts across New Jersey.
Law Offices Of SRIS, P.C. — New Jersey
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Frequently Asked Questions: Motions to Reopen or Reconsider in NJ
What is the difference between a motion to reopen and a motion to reconsider?
Yes, there is a key difference. A motion to reopen is based on new facts or evidence. A motion to reconsider argues the court made a legal or factual error in its original decision.
How long do I have to file a motion to reconsider in New Jersey?
It depends on the court. For most decisions by an Immigration Judge or the BIA, you have 30 days from the date of the final decision to file a motion to reconsider.
Can I file a motion to reopen after a deportation order?
Yes, in many cases. You generally have 90 days to file a motion to reopen after a final deportation order. However, certain exceptions, like a change in country conditions, may allow filing outside this deadline.
What happens if my motion to reopen is granted?
If granted, your case is reopened before the Immigration Court. You will get a new hearing where you can present your case, including any new evidence, for a fresh decision.
Do I need a lawyer to file a motion to reopen or reconsider?
Yes. The process is highly technical with strict deadlines and legal standards. An experienced immigration lawyer can properly draft the motion, argue the correct legal standards, and improve your chance of success.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on motions to reopen or reconsider.