Motion To Reconsider Lawyer Serving Frederick County, Maryland
A Motion to Reconsider is a critical legal filing in immigration court, asking a judge to re-examine a decision based on an error of law or fact. For Frederick County residents facing removal, this motion can be a vital step to challenge an unfavorable ruling. Law Offices Of SRIS, P.C.
What Is a Motion to Reconsider in Immigration Court?
In immigration proceedings, a Motion to Reconsider asks the judge or the Board of Immigration Appeals (BIA) to re-evaluate its decision because of a mistake in applying the law or a misunderstanding of the facts. It is governed by federal regulations under Title 8 of the Code of Federal Regulations. Unlike a Motion to Reopen, which presents new evidence, a Motion to Reconsider argues that the original decision was legally incorrect based on the existing record.
Last verified: April 2026 | District Court of MD for Frederick County | USCIS Policy Manual
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a strategic, detail-oriented approach to federal immigration litigation, including complex appellate motions.
Official Resources for Immigration Law
- Title 8 C.F.R. (Official e-CFR) – The federal regulations governing immigration procedures and motions.
- EOIR Immigration Court Practice Manual – The official guide for practice before the Executive Office for Immigration Review.
The Process for Filing a Motion to Reconsider in Frederick County
While immigration court is federal, many Frederick County residents have their cases heard at the Baltimore Immigration Court. Filing a Motion to Reconsider requires strict adherence to procedural rules and tight deadlines. The key local procedural fact is that these motions for Frederick County residents are typically filed with the Baltimore Immigration Court or directly with the Board of Immigration Appeals in Falls Church, VA, depending on where the original decision was issued.
- Identify the Legal Error: Review the immigration judge’s decision to pinpoint a specific mistake in law or fact.
- Draft the Motion: Prepare a legally sound brief citing relevant statutes, case law, and arguments from the existing record.
- Meet the Deadline: File the motion within 30 days of the final decision. Missing this deadline is typically fatal to the motion.
- File and Serve: Submit the motion to the correct court (Baltimore Immigration Court or BIA) and serve a copy on the opposing counsel from ICE.
- Await Ruling: The court will review the motion and issue a decision, which may grant or deny the request to reconsider.
Understanding the Legal Standards and Potential Outcomes
In federal immigration court, a Motion to Reconsider is a discretionary request that carries no aim for of success, but it is a necessary step to preserve issues for potential federal appellate review.
| Motion Type | Legal Standard | Filing Deadline | Key Requirement | Potential Outcome |
|---|---|---|---|---|
| Motion to Reconsider | Error of Law or Fact | 30 days from decision | Argues based on existing record | Court re-examines and may change decision |
| Motion to Reopen | New, Material Evidence | 90 days generally (exceptions exist) | Presents new evidence not previously available | Case reopened for new proceedings |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal Immigration Motions
Law Offices Of SRIS, P.C. was founded in 1997. Our team, led by Mr. Sris, brings a combined 120+ years of legal experience to complex immigration matters. We understand the high stakes of removal proceedings and the precise legal arguments required for motions before the BIA and immigration courts. Our approach is grounded in a thorough analysis of the law and the specific facts of your case.
Case Results in Immigration and Related Matters
Our firm has a documented record of 37 total case results across all practice areas for Frederick County, with an 84% favorable outcome rate. In immigration, favorable outcomes can include grants of motions, termination of proceedings, or approvals of relief from removal. Results may vary. Prior results do not aim for a similar outcome.
Our Maryland Location for Frederick County Clients
Our Rockville, MD location serves clients at Frederick County courts and the Baltimore Immigration Court. We are accessible via I-270, I-70, and Route 355.
Looking for a Motion To Reconsider lawyer near Frederick or near Fort Detrick? We serve Frederick, Thurmont, Brunswick, Middletown, Emmitsburg, New Market, Urbana, and Walkersville.
Availability: 24/7 phone consultations. Meetings by appointment only.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Frequently Asked Questions: Motion to Reconsider in Maryland
Where is the USCIS office for Frederick County, Maryland?
Immigration applications for Frederick County residents are processed at the USCIS Baltimore Field Office at Fallon Federal Building, 31 Hopkins Plaza, Baltimore, MD 21201. Removal proceedings are at Baltimore Immigration Court. Our firm handles all immigration matters for Maryland residents.
How long does naturalization take in Maryland?
Naturalization (N-400) typically takes 8-14 months from filing to oath ceremony at the USCIS Baltimore Field Office. You must hold a green card for 5 years (3 if married to a U.S. citizen), meet English and civics requirements, and demonstrate good moral character.
What is the difference between a Motion to Reconsider and a Motion to Reopen?
Yes, there is a major difference. A Motion to Reconsider argues the judge made a legal error based on the existing record. A Motion to Reopen presents new, material evidence that was not available at the original hearing. The deadlines and legal standards for each are distinct.
Can I file a Motion to Reconsider if I missed my court date?
It depends. If you received an in absentia removal order, you typically must file a Motion to Reopen, not Reconsider, based on exceptional circumstances for missing the hearing. A criminal attorney or defense lawyer with immigration crossover experience can advise on the best strategy, especially if criminal charges are involved.
What happens if my Motion to Reconsider is denied?
If the BIA denies your Motion to Reconsider, you generally have 30 days to petition for review with the appropriate U.S. Court of Appeals. It is crucial to have a criminal court lawyer or immigration attorney familiar with federal appeals to handle this next critical stage.
Do I need a lawyer for a Motion to Reconsider?
Given the complex legal arguments and strict procedural requirements, having an experienced lawyer is strongly advised. An effective criminal charges defense in immigration court often hinges on proper motion practice to correct legal errors and preserve your rights for appeal.
Related Pages: Maryland Immigration Lawyer | Immigration Lawyer Montgomery County, MD | Criminal Defense Lawyer Frederick, MD
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (301) 363-4040 for current guidance on your Motion To Reconsider in Frederick, MD.
Under Md. Code, Corps. & Assns. § 1-101, state law governs this practice area.