Motion to Reconsider Lawyer Dupont Circle, DC

When an immigration judge or the Board of Immigration Appeals issues an unfavorable decision, you may have a limited window to ask that decision‑maker to reexamine the ruling. A motion to reconsider asks the immigration court or the BIA to correct an error of law or fact that affected the outcome. In the Dupont Circle area, removal proceedings are heard at the Arlington Immigration Court, and appeals go to the Board of Immigration Appeals. Mr. Sris and his Of Counsel team appear regularly before the Arlington Immigration Court and the BIA, bringing extensive combined legal experience to immigration matters. Because the procedural rules are strict and the deadlines unforgiving, working with an experienced immigration lawyer gives you the trusted opportunity to present a compelling argument for reconsideration. To discuss your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

How a Motion to Reconsider Works in Immigration Cases

A motion to reconsider is a formal request asking the immigration court or the Board of Immigration Appeals to re‑evaluate a prior decision based on legal or factual error. It is not an opportunity to submit new evidence; rather, it argues that the original ruling was incorrect under the law or the facts that were already in the record. In removal proceedings before the Arlington Immigration Court—which handles cases for Dupont Circle residents—a motion to reconsider must identify a specific error in the judge’s application of the Immigration and Nationality Act or the relevant regulations. Similarly, at the BIA level, the motion must point to a mistake of law or fact that the Board made in reaching its decision.

Filing a motion to reconsider requires careful drafting. The motion must be supported by a legal memorandum that explains why the original ruling was wrong, and it must be filed within the timeframe set by the applicable regulations. The government has an opportunity to respond, and the immigration judge or the BIA will then either grant the motion—meaning the original decision is vacated and the matter may be reconsidered—or deny it, leaving the prior order in effect. Because the standards are technical and the government is represented by experienced attorneys, having an immigration lawyer who knows how to frame these arguments is essential. Mr. Sris and his Of Counsel team concentrate on precisely this kind of legal writing and advocacy, working to put the strong $1 before the decision‑maker.

Frequently Asked Questions

What is a motion to reconsider in immigration court?

A motion to reconsider is a formal request asking the immigration judge or the Board of Immigration Appeals to review its own decision and correct a claimed error of law or fact. Unlike a motion to reopen, which introduces new evidence, a motion to reconsider argues that the original ruling was wrong based on the record that already existed. The motion must specify the error and explain why it affected the outcome. Because the legal standards are demanding, many individuals ask an immigration lawyer to prepare and file the motion.

How is a motion to reconsider different from a motion to reopen?

A motion to reconsider challenges the legal or factual basis of a decision, while a motion to reopen asks the court to consider new evidence or changed circumstances. A reconsideration motion argues that the immigration judge or the BIA made a mistake; no new facts are presented. A motion to reopen relies on evidence that was not available or could not have been presented at the earlier hearing. The two motions serve different purposes and have distinct timeliness rules. Mr. Sris and his Of Counsel team can help determine which motion is appropriate for your case.

Where are immigration motions for Dupont Circle residents heard?

Removal proceedings for Dupont Circle residents are heard at the Arlington Immigration Court at 1901 S. Bell Street, Arlington, Virginia, and appeals are decided by the Board of Immigration Appeals. Affirmative immigration applications are processed by the USCIS Washington District Office in Fairfax, Virginia. Motions to reconsider may be filed with the immigration judge who issued the original decision or, if the case is on appeal, with the BIA. Knowing the proper venue and filing rules is critical to a successful motion.

What are the time limits for filing a motion to reconsider?

A motion to reconsider must be filed within the deadline set by the immigration court or the BIA; the exact timeframe depends on the type of decision and the regulations that apply. Generally, motions to reconsider decisions of the immigration judge must be filed within a limited number of days after the decision, but the specific period can vary. If a deadline is missed, the motion will likely be rejected as untimely. Because the clock starts running on the date of the decision, it is important to contact an immigration attorney as soon as possible to review the order and calculate any remaining time.

What grounds can I raise in a motion to reconsider?

You may argue that the immigration judge or the BIA made an error of law, misapplied the facts, or overlooked controlling precedent. For example, you could claim that the judge applied the wrong legal standard, misunderstood a statute, or ignored binding BIA or federal court case law. The motion must specifically identify the error and explain why it was material to the outcome. General disagreements with the decision are not sufficient; the motion must point to a concrete legal or factual mistake.

Do I need an immigration lawyer to file a motion to reconsider?

You are not legally required to have an attorney to file a motion to reconsider, but having an experienced immigration lawyer significantly improves the motion’s chances of being granted. The procedural rules are technical, and the legal arguments must be precise. An attorney can identify viable issues, draft a persuasive memorandum, and anticipate the government’s response. Mr. Sris and his Of Counsel bring extensive combined legal experience to such motions and can help you present the strong $1 possible.

What happens if my motion to reconsider is granted?

If the immigration judge or the BIA grants your motion, the original decision is vacated, and your case is reinstated for further proceedings. This means the earlier adverse order is no longer in effect, and you may have the opportunity to argue your case again or, depending on the relief sought, proceed to the next stage of the process. A granted motion does not guarantee a favorable final outcome; it simply resets the procedural posture. Mr. Sris and his Of Counsel stand ready to represent you throughout any renewed proceedings.

Can I file a motion to reconsider after an in‑absentia removal order?

A motion to reconsider may be filed even if you received an in‑absentia removal order, but the law also provides a specific motion to reopen an in‑absentia order, which may be the more appropriate remedy. If the in‑absentia order was entered because you failed to appear, a motion to reopen that order requires a showing of exceptional circumstances or lack of notice. The firm also handles motions to reopen in‑absentia orders and can advise you on whether a motion to reconsider or a motion to reopen is the better procedural vehicle for your situation.

How much does an immigration lawyer cost for a motion to reconsider?

The cost of legal representation for a motion to reconsider varies depending on the complexity of your case and the amount of work required. Fees are discussed during a consultation after an attorney has reviewed your immigration history, the particular decision at issue, and the legal issues that may be raised. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How long does it take for a motion to reconsider to be decided?

The timeline for a decision on a motion to reconsider varies by the court or the BIA and depends on factors such as the complexity of the issues and the judge’s docket. Some motions are resolved within a few months; others can take longer. The immigration court will issue a written decision once the motion has been fully briefed and the government has had an opportunity to respond. While the decision is pending, the prior order remains in effect unless a stay of removal has been granted.

What if my motion to reconsider is denied?

If the immigration judge denies the motion, you typically have a short window to appeal to the Board of Immigration Appeals; if the BIA denies it, you may seek review in a federal circuit court. Each level of review has its own deadlines and procedural requirements. A denial does not necessarily end your immigration case, but acting promptly is crucial. Mr. Sris and his Of Counsel can evaluate the denial order and advise you on whether an appeal or further motion is a viable option.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and brings decades of courtroom experience to immigration matters. He is supported by a team of Of Counsel attorneys who are experienced in immigration, criminal defense, and family law. Mr. Sris and his Of Counsel have documented case results across all practice areas since 1997. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.