Newport News VA Motion To Reconsider Lawyer — Can You Appeal an Immigration Decision?
A Motion to Reconsider asks an immigration judge or the Board of Immigration Appeals (BIA) to re-examine a decision based on an error of law or fact. In Newport News, VA, filing this motion is a critical step in deportation defense. Law Offices Of SRIS, P.C. provides focused legal support for these complex appeals.
What Is a Motion To Reconsider in Immigration Court?
The Immigration and Nationality Act (INA) and regulations from the Executive Office for Immigration Review (EOIR) govern post-order motions. A Motion to Reconsider argues that the court’s decision was incorrect based on the existing law and facts in the record. You must file this motion within 30 days of the final order. It is not an appeal to a higher court but a request for the same judge or board to correct their own mistake.
Last verified: April 2026 | Newport News (City) General District Court | Virginia General Assembly
Official Government Resources
Understanding the legal framework is essential. You can review the USCIS Laws and Policy page for agency guidance. For court procedures and rules, visit the Executive Office for Immigration Review (EOIR) website. These .gov resources provide the official context for filing motions and appeals.
The Newport News Immigration Appeal Process
In Newport News, immigration matters often connect to the Arlington Immigration Court, which has a significant backlog. A key local procedural fact is that motions must be filed with the correct court clerk and comply with strict formatting and timing rules. Missing a deadline typically means losing the right to challenge the order.
- Case Review: An attorney examines the immigration judge’s final order and the entire record to identify legal or factual errors.
- Motion Drafting: The Motion to Reconsider is drafted, citing specific laws and parts of the record that contradict the decision.
- Filing and Service: The motion is filed with the appropriate Immigration Court or the BIA and served on the opposing counsel from the Department of Homeland Security.
- Awaiting Decision: The court reviews the motion. There is no hearing; the decision is made on the written submissions.
- Next Steps: If the motion is granted, the case may be reopened. If denied, other options like a Motion to Reopen or a federal appeal may be considered.
Potential Outcomes and Timelines
In Newport News and the broader federal system, a Motion to Reconsider does not stop deportation. It is a legal argument submitted for review, and processing can take several months due to court backlogs.
| Motion Type | Legal Standard | Typical Timeline | Key Consideration |
|---|---|---|---|
| Motion to Reconsider | Error of law or fact in the original decision. | 3-6 months for a decision. | Must be filed within 30 days of the final order. |
| Motion to Reopen | New, material evidence unavailable at the prior hearing. | 3-6 months for a decision. | Generally has a 90-day filing deadline, with exceptions. |
| Appeal to BIA | Challenge the Immigration Judge’s decision to a higher administrative body. | Often 1-2 years for a decision. | Must be filed within 30 days of the Immigration Judge’s order. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Immigration Appeals
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex immigration cases. Our firm-wide track record includes 4,739+ documented results with a 93%+ favorable outcome rate. Mr. Sris, our managing attorney and a former prosecutor, leads our immigration practice, bringing strategic insight to federal appeals and motions.
Our team includes experienced counsel like Bryan Block, whose detailed approach is valuable in building strong legal arguments for motions. As a former Virginia State Trooper, he brings a meticulous perspective to case analysis and evidence review.
Local Legal Support for Newport News Residents
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Richmond location serves Newport News and surrounding communities. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment. If you need a dedicated Newport News VA Motion To Reconsider lawyer, our team is prepared to assess your case.
FAQs About Motions to Reconsider
What is the deadline to file a Motion to Reconsider?
Yes, there is a strict deadline. You must file a Motion to Reconsider with the Immigration Court or the Board of Immigration Appeals within 30 days of the final order being issued. Missing this deadline usually forfeits your right to file this motion.
Can I file both a Motion to Reconsider and a Motion to Reopen?
It depends. They are separate motions based on different legal grounds. A Motion to Reconsider argues an error in the original decision, while a Motion to Reopen presents new evidence. An experienced criminal court lawyer can advise if filing both is a viable strategy for your specific situation.
Does filing a motion stop my deportation?
No. Filing a Motion to Reconsider does not automatically stay (pause) a removal order. You must separately request a stay of removal from the court, which may or may not be granted. It is critical to act quickly with a defense lawyer to explore all options.
What happens if my Motion to Reconsider is denied?
If denied, you may have other avenues. These can include filing a Motion to Reopen (if you have new evidence), appealing to the Board of Immigration Appeals (if not already done), or, in some cases, seeking review in a U.S. Federal Court of Appeals. A criminal attorney can guide you through these subsequent steps.
Why do I need a lawyer for a motion?
The procedural rules are strict and complex. A lawyer ensures the motion is filed correctly, on time, and presents the strongest legal argument based on the record. For those facing criminal charges defense in immigration court, this legal experience is crucial to avoid permanent consequences like deportation.
Related Pages: For other legal needs in Newport News, consider our Newport News traffic lawyer or Newport News criminal lawyer services. Learn more about our statewide practice on our Virginia immigration lawyer hub page.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your Motion to Reconsider.