Motions to Reopen or Reconsider: How Congruence Law, P.C. Assists Individuals Challenging Prior Removal Orders

A prior order of removal can feel like the end of the road—but in many cases, the law provides a second chance. Through Motions to Reopen or Motions to Reconsider, individuals may challenge final decisions by immigration courts or the Board of Immigration Appeals (BIA), especially where new evidence, legal errors, or procedural defects are present. At Congruence Law, P.C., we help clients understand and assert these important post-decision remedies when prior proceedings were unfair, incomplete, or no longer reflect present circumstances.

A Motion to Reopen asks the immigration court or the BIA to revisit a case based on new facts or evidence that were not available during the original hearing. This may include new country condition reports, updated documentation, or changes in the applicant’s legal or personal situation—such as the emergence of a new qualifying hardship, a new family relationship, or a recently approved petition. A Motion to Reopen must typically be filed within 90 days of the final administrative decision, although there are exceptions in cases involving asylum eligibility, in absentia removal orders, or extraordinary circumstances.

A Motion to Reconsider, by contrast, does not rely on new evidence. Instead, it asks the court to reevaluate its ruling based on legal or factual error—such as misapplication of the law, failure to consider material evidence, or denial of due process. This motion must usually be filed within 30 days of the final decision and must identify the specific errors with supporting legal authority.

At Congruence Law, P.C., we work closely with clients to assess the viability of reopening or reconsidering their case. We begin with a thorough review of the immigration record, prior filings, court transcripts, and all decisions to determine what relief may be available and how best to present the claim. We prepare and file detailed motions supported by evidence, affidavits, legal memoranda, and exhibits, ensuring the court has a complete and well-documented basis to reverse or revisit its ruling.

Common grounds for Motions to Reopen include:

• New evidence of eligibility for relief (e.g., asylum, adjustment of status, or cancellation of removal);

• Changed country conditions in the applicant’s home country;

• New family-based petitions or waivers;

• Lack of notice of a prior hearing (especially in in absentia removal cases);

• Ineffective assistance of prior counsel (with supporting affidavits under Matter of Lozada);

• Evidence of fraud, coercion, or improper procedure in prior proceedings.

For Motions to Reconsider, grounds may include:

• Misinterpretation or misapplication of immigration law;

• Overlooked or mischaracterized facts;

• Denial of procedural fairness or due process;

• New legal precedent or policy affecting the decision.

These motions are complex and highly time-sensitive. Many are denied for failing to meet technical filing requirements, for not presenting new and material facts, or for failing to adequately explain the basis for reconsideration. We help our clients avoid these pitfalls by ensuring their motion is factually compelling, procedurally compliant, and legally sound.

In some cases, individuals with final removal orders may also be eligible for joint motions supported by DHS, or may request sua sponte reopening in extraordinary circumstances even after the standard deadlines have passed. Our firm evaluates every procedural and equitable avenue available to protect our clients from unjust or premature removal.

At Congruence Law, P.C., we understand that a prior removal order doesn’t always reflect the full story. Whether based on legal error, missing evidence, or a dramatic change in circumstances, we help clients reopen the record and reclaim the opportunity to seek lawful relief under the immigration laws.

If you or a family member has a prior order of removal and believe it may be subject to reopening or reconsideration, contact us at immigration@congruence.com to request a confidential evaluation. Time is critical—and every chance to reopen a door matters.