When an immigration judge or the BIA makes errors in applying the law or finding the facts, a motion to reconsider provides a critical opportunity to correct those mistakes. Our attorneys identify and document every error in the prior decision and advocate for reversal within the strict 30-day deadline.
A motion to reconsider under INA section 240(c)(6) requests that the immigration court or the Board of Immigration Appeals re-examine a prior decision based on errors of law or fact in that decision. Unlike a motion to reopen — which introduces new evidence not previously available — a motion to reconsider focuses exclusively on the existing record of proceedings, arguing that the adjudicator made a demonstrable mistake in applying the law to the facts or in finding the facts themselves. At Mandi Law Group in Albany, our immigration attorneys represent individuals throughout the Capital District and greater New York in challenging erroneous decisions through carefully crafted motions to reconsider.
The filing deadline for a motion to reconsider is strictly 30 days from the date of the decision being challenged. This deadline is jurisdictional and cannot be extended, tolled, or waived under any circumstances. Unlike motions to reopen, which have statutory exceptions for changed country conditions, lack of notice, and ineffective assistance of counsel, there are no exceptions to the 30-day deadline for motions to reconsider. Additionally, only one motion to reconsider may be filed for any given decision, making it essential to identify all errors and present the strongest possible arguments in a single filing.
The fundamental distinction between a motion to reconsider and a motion to reopen is critical to understand. A motion to reconsider does not require new evidence — it argues that the adjudicator committed an error based on what was already in the record. The movant must specify the errors of law or fact in the prior order and demonstrate that correcting those errors would lead to a different outcome. This means the motion must point to specific misapplications of precedent, incorrect statutory interpretations, factual misstatements, or failures to consider evidence that was properly before the adjudicator.
The standard for success on a motion to reconsider requires more than mere disagreement with the outcome. The movant must identify concrete, specific errors and explain how the decision would have been different if those errors had not occurred. Our attorneys conduct a meticulous review of every prior decision, comparing each finding and legal conclusion against the record of proceedings, applicable statutes, regulations, and controlling case law from the BIA and the Second Circuit Court of Appeals. When errors are identified, we prepare detailed motions supported by thorough legal briefs that give the adjudicator a clear basis for changing the result.
The deadline to file a motion to reconsider is 30 days from the date of the decision. This deadline is absolute and cannot be extended for any reason. Only one motion to reconsider may be filed per decision. If you believe the immigration judge or BIA made errors in your case, contact our office immediately to preserve your rights.
(518) 698-0347Our motion to reconsider practice addresses every type of error that may warrant re-examination of a prior immigration decision, from legal misapplications to factual mistakes in the record.
A motion to reconsider succeeds when the prior decision contains demonstrable errors of law. Our attorneys meticulously review immigration judge and BIA decisions to identify misapplications of controlling precedent, incorrect interpretations of the Immigration and Nationality Act, failures to apply binding BIA or circuit court authority, and errors in the application of regulatory provisions. We analyze whether the adjudicator applied the wrong legal standard, overlooked a controlling decision, or misinterpreted statutory language. Each legal error is documented with precise citations to the relevant authority and the specific portion of the decision where the error occurred, providing the adjudicator with a clear roadmap for correcting the mistake.
In addition to legal errors, motions to reconsider may be based on errors of fact in the prior decision. These errors arise when the adjudicator misstated material facts in the record, overlooked critical evidence that was properly submitted, drew conclusions unsupported by the evidence presented, or mischaracterized testimony or documentary evidence. Our attorneys conduct a line-by-line review of the prior decision against the complete record of proceedings — including hearing transcripts, exhibits, declarations, and documentary evidence — to identify every factual error that may have affected the outcome. We present these errors clearly and demonstrate how correcting them warrants a different result.
In certain circumstances, a motion to reconsider may argue that a change in law or regulation that occurred after the original decision but before the filing deadline requires a different outcome. While motions to reconsider primarily focus on errors in the existing record, intervening changes in legal authority — including new BIA precedent decisions, circuit court rulings, regulatory amendments, or policy guidance — may demonstrate that the prior decision was based on legal standards that have since been superseded or clarified. Our attorneys monitor developments in immigration law and assess whether any intervening authority provides a basis for reconsideration of the prior decision within the 30-day filing window.
In some cases, the most effective strategy involves filing a combined motion to reopen and motion to reconsider. A combined approach is appropriate when the prior decision contains errors of law or fact (supporting reconsideration) and new evidence or changed circumstances have also emerged (supporting reopening). Under INA section 240(c)(6) and 8 C.F.R. section 1003.23, both motions may be filed simultaneously. Our attorneys evaluate whether a combined strategy strengthens the overall case, ensuring that each component meets its respective legal standard — error of law or fact for reconsideration, and new material evidence for reopening — while presenting a unified argument to the adjudicator.
Our structured approach ensures that every error in the prior decision is identified, documented, and presented persuasively within the strict 30-day filing deadline.
We obtain and thoroughly review the complete record of proceedings, including the prior decision, hearing transcripts, all submitted evidence, and any relevant briefing. We analyze the decision line by line to identify every error of law or fact that may form the basis for reconsideration.
Our attorneys isolate each specific error in the prior decision — whether a misapplication of legal precedent, an incorrect factual finding, an overlooked piece of evidence, or a failure to address a legal argument. We assess the significance of each error and its impact on the outcome of the case.
We prepare a comprehensive motion to reconsider that specifies each error of law or fact, cites the controlling legal authority, references the precise portions of the record that demonstrate the error, and presents a clear argument for why the prior decision should be reversed or modified. Every motion is supported by a detailed legal brief.
We file the motion within the strict 30-day deadline, ensuring full compliance with all procedural requirements under INA section 240(c)(6) and 8 C.F.R. section 1003.23. After filing, we monitor the case, respond to any government opposition, and advocate for a favorable outcome through every stage of the adjudication process.
Correcting Errors in Immigration Decisions
Strategic motion practice to challenge mistakes of law and fact in Albany and the Capital District
Motions to reconsider are subject to strict deadlines, a one-motion limitation, and a specific legal standard. These key considerations can determine the success or failure of your motion.
Under INA section 240(c)(6), a motion to reconsider must be filed within 30 days of the date of the prior decision. This deadline is strictly enforced and cannot be extended. Unlike motions to reopen — which have exceptions for changed country conditions, lack of notice, and other circumstances — there are no statutory exceptions to the 30-day deadline for motions to reconsider. Missing this deadline by even a single day permanently forfeits the right to seek reconsideration. If you have received an unfavorable decision and believe errors were made, contact an attorney immediately to ensure your rights are preserved.
A motion to reconsider and a motion to reopen are distinct legal tools with different requirements and purposes. A motion to reconsider argues that the adjudicator made an error of law or fact based on the existing record of proceedings — it does not introduce new evidence. A motion to reopen, by contrast, is based on new facts or evidence that were not available at the time of the original hearing. Understanding this distinction is critical: filing the wrong type of motion, or conflating the two standards, can result in denial. Our attorneys carefully analyze the circumstances of each case to determine whether reconsideration, reopening, or a combined motion is the appropriate strategy.
To succeed on a motion to reconsider, the movant must demonstrate that the prior decision was based on an incorrect application of law or policy to the facts of the case at the time the decision was made. The motion must specify the errors of law or fact in the previous order. General disagreement with the outcome is insufficient — the motion must identify concrete, specific errors and explain how correcting those errors would lead to a different result. The adjudicator evaluates the motion against the record as it existed at the time of the original decision, not based on subsequent developments or new evidence.
Filing a motion to reconsider involves strategic decisions that can significantly affect the outcome. Because only one motion to reconsider may be filed per decision, it is essential to identify all errors and present the strongest possible arguments in a single filing. Our attorneys also consider whether a motion to reconsider is the best available option or whether other avenues — such as a motion to reopen, a direct appeal to the BIA, or a petition for review in federal court — may be more appropriate. In some cases, filing a motion to reconsider simultaneously with a motion to reopen or an appeal preserves multiple paths to relief.
Answers to frequently asked questions about motions to reconsider in immigration proceedings. Every case is unique — consult with our immigration attorneys for guidance specific to your situation.
A motion to reconsider is a request to the immigration court or the Board of Immigration Appeals (BIA) to re-examine a prior decision based on errors of law or fact contained in that decision. Under INA section 240(c)(6), the motion must specify the errors in the prior order and must be filed within 30 days of the decision. Unlike a motion to reopen, a motion to reconsider does not rely on new evidence — it argues that the adjudicator made a mistake based on the record that was before them at the time the decision was rendered.
The motion must be filed within 30 days of the date of the decision you are seeking to reconsider. This deadline is jurisdictional and cannot be extended, waived, or tolled for any reason. There are no exceptions to the 30-day deadline for motions to reconsider, unlike motions to reopen which have exceptions for changed country conditions and other circumstances. If the deadline is missed, the right to seek reconsideration of that particular decision is permanently lost.
The key difference is the basis for the motion. A motion to reconsider argues that the adjudicator made errors of law or fact in the prior decision based on the existing record — no new evidence is presented. A motion to reopen, on the other hand, asks the court to reopen proceedings based on new evidence or changed circumstances that were not available at the time of the original hearing. The filing deadlines also differ: 30 days for a motion to reconsider and generally 90 days for a motion to reopen, though the motion to reopen has important exceptions that eliminate the time bar in certain cases.
No. Under INA section 240(c)(6), only one motion to reconsider may be filed for any given decision. This limitation makes it essential to identify all errors of law and fact and present the strongest possible arguments in a single filing. Because there is no opportunity to supplement or amend the motion after filing, thorough preparation before the 30-day deadline expires is critical. However, if the adjudicator issues a new decision on the motion to reconsider, that new decision may itself be subject to a separate motion to reconsider.
A motion to reconsider may be based on errors of law or errors of fact. Legal errors include misapplication of controlling precedent, incorrect interpretation of the Immigration and Nationality Act or implementing regulations, application of the wrong legal standard, and failure to follow binding BIA or circuit court authority. Factual errors include misstatement of material facts in the record, overlooking critical evidence that was properly submitted, drawing conclusions unsupported by the evidence, and mischaracterizing testimony or documentary evidence. The motion must specify each error and explain how correcting it would change the outcome.
Yes. In appropriate cases, a combined motion to reopen and motion to reconsider may be filed simultaneously. This strategy is used when the prior decision contains errors of law or fact (supporting reconsideration) and new evidence or changed circumstances have also emerged (supporting reopening). Each component of the combined motion must independently meet its respective legal standard. Filing a combined motion can be strategically advantageous because it provides the adjudicator with multiple independent bases for granting relief.
If an immigration judge denies a motion to reconsider, that denial can be appealed to the Board of Immigration Appeals within 30 days. If the BIA denies a motion to reconsider, the denial may be challenged through a petition for review filed with the appropriate U.S. Court of Appeals — the Second Circuit for cases arising in New York — within 30 days of the BIA decision. Additionally, depending on the circumstances, other avenues of relief may remain available, such as a motion to reopen based on new evidence or changed country conditions, which is subject to different rules and deadlines.
The answer depends on the nature of the error and the procedural posture of the case. If you believe the immigration judge made errors of law or fact, you may file a motion to reconsider with the immigration court or file an appeal with the BIA — or in some cases, both. A motion to reconsider is directed to the same adjudicator who issued the decision, asking them to correct their own mistake. An appeal to the BIA asks a higher authority to review the decision. In many cases, filing an appeal to the BIA is the stronger option because it provides a fresh review by a different body. Our attorneys evaluate the specific circumstances to recommend the most effective strategy.
Our immigration appeals practice covers the full range of options to challenge unfavorable immigration decisions.
If you believe the immigration judge or BIA made errors of law or fact in your case, the 30-day deadline to file a motion to reconsider is already running. Our experienced immigration attorneys in Albany and the Capital District are ready to review your decision and fight for the correct outcome. Every consultation is confidential, and there is no obligation.