A final deportation order feels permanent. Sometimes it is not. A motion to reopen a deportation order asks the court to look at the case again, based on new facts or a missed hearing that was not your fault.
Motions to reopen have strict time and number limits. However, important exceptions exist. For example, people who never received notice of their hearing may be able to reopen at any time. Therefore, the details of your case matter enormously.
This guide explains motions to reopen, motions to reconsider and emergency stays of removal. Moreover, it explains what to do before an ICE check-in when you have a final order.
Motion to reopen vs. motion to reconsider
A motion to reopen presents new facts or evidence that were not available before. A motion to reconsider argues the judge made a legal or factual error based on the existing record.
The general deadlines differ. A motion to reopen is usually due within 90 days of the final order, and you are usually limited to one. A motion to reconsider is generally due within 30 days. Consequently, identify the right motion quickly.
Exceptions to the deadline
Several exceptions apply. Asylum seekers can reopen based on changed country conditions. In addition, courts may apply equitable tolling where a deadline was missed because of ineffective assistance or fraud by a representative, if the person acted diligently. Our Motion to Reopen service starts at $499.
Reopening an in absentia order
An order entered because you missed a hearing is an in absentia order. There are two main ways to reopen it.
First, if exceptional circumstances caused you to miss the hearing, such as serious illness, you generally have 180 days to file. Second, if you did not receive proper notice of the hearing, you can generally file at any time.
Prove what happened
Evidence is essential. Hospital records, travel records or proof of a wrong address on file all help. A FOIA request obtains your court and immigration file, which often shows where notices were sent. As a result, you can show exactly why the order should be reopened.
Emergency stay of removal
Filing a motion to reopen does not automatically stop removal in most cases. An exception: a motion to reopen an in absentia order generally triggers an automatic stay while it is pending. Otherwise, you must request a stay.
You can ask the immigration judge or BIA for a stay pending the motion. Alternatively, you can ask ICE for an administrative stay using Form I-246. Each route has different standards and timing.
Our Stay of Removal service prepares emergency stay requests and the supporting evidence. It starts at $399. Furthermore, an emergency immigration consultation can review the case the same day.
Before an ICE check-in with a final order
People with final orders are often required to report to ICE. Each check-in carries risk of detention. Therefore, prepare before you go.
Bring your documents, proof of any pending applications and contact details for a family member. Furthermore, let your family know where you are going and when. Our ICE check-in preparation service reviews your file and prepares a document folder.
If ICE detains you, family members should act fast. Read our guide to ICE bond and detention release.
After a motion is denied
If the immigration judge denies the motion, you can usually appeal to the BIA. The deadline is generally 30 days. Read our guide to BIA and federal appeals for details.
Before filing, an immigration court case review checks whether reopening, reconsideration or an appeal gives you the best chance. Consequently, you choose the strongest path rather than the first one available.
Our Motions to Reopen & Stays services in the USA
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
Motion to Reopen / Reconsider (In Absentia or New Evidence) in the USA
Reopen a case after a missed hearing (in absentia order), lack of notice, changed country conditions or new eligibility, with a request for a stay.
It includes motion to reopen or reconsider, lack-of-notice / exceptional circumstances declaration, new evidence schedule. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Motion to Reopen / Reconsider (In Absentia or New Evidence) — from $499 See what's included →
Stay of Removal (I-246 / Emergency Stay) in the USA
An urgent request to ICE (I-246) or the court to pause deportation while a motion, appeal or application is decided.
It includes i-246 application to ICE, emergency stay motion (EOIR / BIA), humanitarian and medical evidence. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Stay of Removal (I-246 / Emergency Stay) — from $399 See what's included →
Immigration Records Request (FOIA — USCIS, ICE, EOIR, CBP) in the USA
Get your full A-file, ICE records, court record of proceedings and CBP entry records — essential before any removal defense or new application.
It includes uSCIS A-file FOIA, eOIR record of proceedings request, iCE / CBP / OBIM requests. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Immigration Records Request (FOIA — USCIS, ICE, EOIR, CBP) — from $79 See what's included →
Board of Immigration Appeals (BIA) Appeal & Brief in the USA
Appeal an Immigration Judge decision to the BIA within 30 days (EOIR-26), followed by the written brief.
It includes eOIR-26 notice of appeal, transcript and record review, appeal brief. Moreover, it is usually ready in 10 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Board of Immigration Appeals (BIA) Appeal & Brief — from $799 See what's included →
ICE Check-In & Order of Supervision Preparation in the USA
Preparation for an ICE check-in or order of supervision (I-220B) appointment: what to bring, what to expect and a safety plan for the family.
It includes check-in document folder, know-your-rights sheet, family safety and emergency plan. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order ICE Check-In & Order of Supervision Preparation — from $99 See what's included →
Emergency immigration consultation in the USA
A confidential 60-minute phone or video consultation with a licensed US attorney about an urgent immigration emergency. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 60-minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Emergency immigration consultation — $499 See what's included →
Immigration court case review in the USA
A licensed US attorney reviews your Immigration Court file — notices, charges, applications and deadlines and explains what it means for you, the risks and red flags, and what to do or negotiate next — in plain English.
It includes line-by-line review by a licensed US attorney, plain-English summary of key terms, risks and red flags, suggested changes, questions or negotiation points. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Immigration court case review — $499 See what's included →
Motions to Reopen & Stays services near you — every state we cover
Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.
Motions to Reopen & Stays help in California
We prepare motions to reopen & stays documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Los Angeles, Motion to Reopen / Reconsider (In Absentia or New Evidence) in San Diego, Motion to Reopen / Reconsider (In Absentia or New Evidence) in San Francisco. Similarly, see Stay of Removal (I-246 / Emergency Stay) in California.
Motions to Reopen & Stays help in Texas
We prepare motions to reopen & stays documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Houston, Motion to Reopen / Reconsider (In Absentia or New Evidence) in Dallas, Motion to Reopen / Reconsider (In Absentia or New Evidence) in San Antonio, Motion to Reopen / Reconsider (In Absentia or New Evidence) in Austin. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Texas.
Motions to Reopen & Stays help in Florida
We prepare motions to reopen & stays documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Miami, Motion to Reopen / Reconsider (In Absentia or New Evidence) in Orlando, Motion to Reopen / Reconsider (In Absentia or New Evidence) in Tampa. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Florida.
Motions to Reopen & Stays help in New York
We prepare motions to reopen & stays documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in New York City, Motion to Reopen / Reconsider (In Absentia or New Evidence) in Brooklyn. Similarly, see Stay of Removal (I-246 / Emergency Stay) in New York.
Motions to Reopen & Stays help in Illinois
We prepare motions to reopen & stays documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Chicago. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Illinois.
Motions to Reopen & Stays help in Georgia
We prepare motions to reopen & stays documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Atlanta. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Georgia.
Motions to Reopen & Stays help in Arizona
We prepare motions to reopen & stays documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Phoenix. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Arizona.
Motions to Reopen & Stays help in Pennsylvania
We prepare motions to reopen & stays documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Philadelphia. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Pennsylvania.
Motions to Reopen & Stays help in Washington
We prepare motions to reopen & stays documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Seattle. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Washington.
Motions to Reopen & Stays help in Colorado
We prepare motions to reopen & stays documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Denver. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Colorado.
Motions to Reopen & Stays help in Massachusetts
We prepare motions to reopen & stays documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Boston. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Massachusetts.
Motions to Reopen & Stays help in Nevada
We prepare motions to reopen & stays documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Las Vegas. Similarly, see Stay of Removal (I-246 / Emergency Stay) in Nevada.
Motions to Reopen & Stays help in New Jersey
We prepare motions to reopen & stays documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Newark. Similarly, see Stay of Removal (I-246 / Emergency Stay) in New Jersey.
Motions to Reopen & Stays help in North Carolina
We prepare motions to reopen & stays documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Motion to Reopen / Reconsider (In Absentia or New Evidence) in Charlotte. Similarly, see Stay of Removal (I-246 / Emergency Stay) in North Carolina.
We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.
Motion to Reopen / Reconsider (In Absentia or New Evidence) in every state
Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming
Frequently asked questions
How long do I have to file a motion to reopen?
Generally 90 days from the final order, and usually only one motion. Exceptions include changed country conditions for asylum and in absentia orders where notice was never received.
Can I reopen a deportation order if I missed my hearing?
Yes, in some cases. Exceptional circumstances generally allow 180 days, and lack of proper notice generally allows reopening at any time.
Does a motion to reopen stop deportation?
Not usually, except for many motions to reopen in absentia orders. Otherwise you must request a stay from the court, the BIA or ICE.
What is Form I-246?
It is the application to ICE for an administrative stay of removal. ICE decides it at its discretion.
Do you file motions to reopen in every state?
Yes. We prepare motions to reopen, motions to reconsider and stay requests for immigration courts across all 50 states.
Contact American Counsel
📞 Phone / WhatsApp: +1 (217) 426-5403 · Chat on WhatsApp
✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
🕑 Response: most enquiries answered the same working day
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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.