Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Immigrant Legal Resource Center Template motion Apr 2, 2020 Direct PDF available

Why it matters

Useful as a drafting starting point for Removal Defense work in BIA; adapt the facts, authority, and venue-specific requirements before use.

Topics

Removal defense Motions to reopen / reconsider BIA appeals

Workflows

Immigration court deadline Motions, stays, and pretermission BIA, PFR, and federal court Sample filings and templates

Forums

BIA

Jurisdictions

National