A motion to reconsider in immigration court is a request for the judge or the Board of Immigration Appeals (BIA) to review its decision based on an error of law or fact. Under the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.), Law Offices Of SRIS, P.C.
Motion to Reconsider Lawyer in Genesee County, New York
A motion to reconsider is governed by the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101 et seq., and the regulations at 8 C.F.R. § 1003.23 (for immigration court) and 8 C.F.R. § 1003.2 (for the BIA). This motion asks the adjudicating body to review its prior decision for an error of law or fact. It must be filed within 30 days of the decision. Filing a motion to reconsider does not automatically stay removal. You must separately request a stay. The motion must specify the error and explain why the decision should be changed. Law Offices Of SRIS, P.C. — Advocacy Without Borders — brings 120+ years combined legal experience to help clients in Genesee County handle this process.
Last verified: May 2026 | U.S. Immigration Court (26 Federal Plaza NYC / Buffalo EOIR) | USCIS.gov
For the full text of the Immigration and Nationality Act, visit: USCIS.gov — Immigration and Nationality Act (official site).
For EOIR regulations on motions, visit: Justice.gov — Executive Office for Immigration Review (official site).
In our experience representing clients in Genesee County, we have observed that immigration judges at the New York Immigration Court strictly enforce the 30-day filing deadline for motions to reconsider. Missing this deadline can result in automatic denial.
We have also seen that many motions to reconsider are denied because they reargue facts already considered, rather than identifying a clear legal error.
Our firm advises clients to file a motion to reopen instead if new evidence is available, as this is often more successful.
- Obtain a copy of the immigration judge’s or BIA’s decision.
- Identify the specific error of law or fact in the decision.
- Draft a motion to reconsider explaining the error and why the decision should be changed.
- File the motion with the immigration court or BIA within 30 days of the decision.
- Serve the motion on the opposing party, usually DHS counsel.
- Await the court’s or BIA’s ruling on the motion.
In Genesee County, New York, a motion to reconsider is a procedural request in immigration court. The consequences of a denied motion can include removal from the United States.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Denied Motion to Reconsider | Procedural | N/A | N/A | N/A | Removal order may be executed; loss of legal status |
| Removal Order | Civil | Detention possible | N/A | N/A | Removal from the U.S.; bars to re-entry (3-year, 10-year, permanent) |
Results may vary.
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Genesee County. Firm-wide, SRIS has handled 4,739+ documented case results across VA, MD, DC, NY and NJ with a favorable-outcome rate above 93%.
Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Buffalo, New York is approximately 35 miles from the Genesee County Supreme Court at 1 West Main Street, Batavia, NY 14020, with access via I-90 (NYS Thruway) and Route 33.
If you are looking for an immigration reconsideration lawyer in Genesee County or need to reopen an immigration case in Genesee County, we can help.
Serving the communities of Batavia, Le Roy, Bergen, Byron, Elba, Pembroke, Alexander, Stafford, Oakfield, and Corfu.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Phone: (838) 292-0003
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Immigration Motions in Genesee County
Where is the immigration court for Genesee County, New York?
Removal proceedings for Genesee County residents are heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Affirmative applications are processed by the USCIS NYC Field Office at 26 Federal Plaza. New York has strong sanctuary policies limiting cooperation with ICE enforcement. SRIS, P.C. handles immigration matters for Genesee County residents.
Yes, removal proceedings are at 26 Federal Plaza, Manhattan, or Varick Street Immigration Court.
What immigration services are available in Genesee County (Western NY), NY?
Law Offices Of SRIS, P.C. handles green cards, family petitions, naturalization, deportation defense, and work visas for clients in Genesee County (Western NY). Consultation by appointment — (888) 437-7747.
Yes, SRIS, P.C. offers green cards, family petitions, naturalization, deportation defense, and work visas.
How do I apply for a green card in Genesee County (Western NY)?
Green card applications in Genesee County (Western NY) involve USCIS filing, biometrics, and interviews. Eligibility depends on family, employment, or asylum status. SRIS, P.C. guides the full process — (888) 437-7747.
It depends on your eligibility. SRIS, P.C. can guide you through the process.
What happens during a deportation hearing in NY?
Deportation hearings in NY immigration court allow you to present relief options including cancellation of removal, asylum, or adjustment of status. SRIS, P.C. — (888) 437-7747 — by appointment.
Yes, you can present relief options like cancellation of removal, asylum, or adjustment of status.
What is a motion to reconsider in immigration court?
A motion to reconsider asks the immigration court or BIA to review its decision based on an error of law or fact. It must be filed within 30 days of the decision. SRIS, P.C. can assist with filing a motion to reconsider for Genesee County residents.
Yes, it is a request to review a decision based on an error of law or fact, filed within 30 days.
How do I reopen an immigration case in Genesee County?
To reopen an immigration case, you must file a motion to reopen with the immigration court or BIA, presenting new facts or evidence that were unavailable at the time of the original hearing. SRIS, P.C. can help you reopen your immigration case in Genesee County.
Yes, you must file a motion to reopen with new facts or evidence that were unavailable at the original hearing.
For more information about our services, visit our Family Green Card Lawyer Bronx page.
Explore related pages: Green Card Lawyer Orange County and Green Card Lawyer Madison County.
Last updated: 2026-05-02