Motion to Reconsider Lawyer Maryland, MD
When an immigration judge or the Board of Immigration Appeals (BIA) issues an unfavorable decision, a motion to reconsider allows you to ask the same authority to take a second look based on an identified error of fact or law. These motions are not opportunities to reargue the case or present new evidence—they serve a specific, narrow purpose in federal immigration practice. For Maryland residents, immigration matters are heard at the Baltimore Immigration Court and processed through the USCIS Baltimore Field Office. Law Offices Of SRIS, P.C. Concentrates its practice on assisting individuals and families across Maryland with motions to reconsider and related immigration matters. Reach our Rockville location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Motions to Reconsider in Immigration Cases
A motion to reconsider is a formal request for the immigration judge or the BIA to review a prior decision for a legal or factual mistake. Unlike a motion to reopen, which relies on new, previously unavailable evidence, a motion to reconsider must point to an error in the earlier ruling. You must specify the particular error and demonstrate that, had it not been made, the outcome would likely have been different. This is a demanding standard, and the motion must be filed within the strict time limits set by federal immigration regulations. Mr. Sris and his Of Counsel evaluate prior decisions to determine whether a viable reconsideration argument exists before any filing is made.
The Baltimore Immigration Court hears removal proceedings for respondents residing in Maryland, including those from Montgomery, Prince George’s, Howard, and Anne Arundel Counties, as well as all other Maryland jurisdictions. Affirmative applications—such as adjustment of status, naturalization, and certain waivers—are handled by the USCIS Baltimore Field Office. When a decision from either forum involves a mistake, the reconsideration process must follow the procedural rules specific to that body. An experienced immigration attorney can identify the correct venue and frame the error consistent with the governing regulations.
Direct Answer Expansion
A motion to reconsider asks the same decision-maker that issued an unfavorable ruling to correct a specific mistake. The motion must be timely—generally within 30 days of the decision—and must state with particularity the error of fact or law that warrants reconsideration. If the error is not clearly articulated, the motion may be denied without a hearing. Our firm assists clients in Maryland with drafting and filing these motions before the Baltimore Immigration Court, the BIA, and USCIS. We examine the record of proceedings to identify misstatements, overlooked controlling authority, or procedural missteps that may justify relief.
The reconsideration process does not automatically pause an order of removal, so individuals facing imminent enforcement may need to request a stay of removal concurrently. Mr. Sris and his Of Counsel work to preserve clients’ legal rights while the motion is pending, and to explore all available forms of relief. Results may vary. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Frequently Asked Questions
What is an immigration motion to reconsider?
A motion to reconsider is a request for an immigration judge or the BIA to review a prior decision based on an alleged error of fact or law. It does not allow new evidence; instead, it argues that the original ruling was incorrect because of a mistake. The motion must be filed within the regulatory deadline and must specifically identify the error. If granted, the previous decision may be vacated or modified. Mr. Sris and his Of Counsel evaluate prior decisions to determine whether a reconsideration motion is appropriate for your case.
When can I file a motion to reconsider in immigration court?
You generally have 30 days from the date of the immigration judge’s decision to file a motion to reconsider. This deadline is established by federal regulation, and late filings are typically dismissed unless extraordinary circumstances can be shown. It is critical to act promptly because the time period is short. If you believe an error occurred in your removal hearing, contact an attorney immediately to assess whether a motion can be prepared in time. The firm can help you meet the deadline and present a persuasive argument.
How is a motion to reconsider different from a motion to reopen?
A motion to reconsider challenges a legal or factual mistake in the original decision, while a motion to reopen introduces new, previously unavailable evidence. Reconsideration focuses on the existing record; reopening asks the court to consider something that wasn’t before. Both have strict filing windows and different legal standards. Mixing them up can result in denial. An attorney can advise which motion, if either, suits your circumstances and can explain the strategic advantages of each.
What grounds are needed for a successful motion to reconsider?
Grounds must demonstrate that the immigration judge or BIA made a specific error—such as misapplying the law, overlooking controlling precedent, or relying on incorrect facts. A general disagreement with the outcome is insufficient. You must point to something concrete in the decision that was wrong. Our firm reviews hearing transcripts, written decisions, and applicable statutory and case law to identify viable errors before recommending that a motion be filed.
Where are motions to reconsider filed for Maryland residents?
For Maryland residents, motions to reconsider are filed with the Baltimore Immigration Court, the Board of Immigration Appeals, or USCIS, depending on where the original decision was issued. If your case was decided by an immigration judge in the Baltimore Immigration Court, the motion goes to that same court. If the BIA issued the decision, you file with the BIA. Affirmative applications decided by the USCIS Baltimore Field Office may have their own reconsideration process. The correct filing venue is critical, and an attorney can ensure your motion is submitted to the right authority.
Do I need a lawyer to file a motion to reconsider in Maryland?
No, you are not legally required to have a lawyer, but the strict procedural and substantive requirements make experienced legal guidance highly advisable. A motion must correctly identify a legal or factual error, cite supporting authority, and comply with formatting and service rules. A deficient motion may be summarily denied, and you may lose the opportunity to challenge the decision. Mr. Sris and his Of Counsel handle motions to reconsider for Maryland residents and can assess whether a viable argument exists before you invest time and money.
How long does the immigration court take to decide a motion to reconsider?
The processing time for a motion to reconsider varies depending on the court’s docket, the complexity of the issues, and whether the government opposes the motion. While some motions are resolved in a matter of months, others can take significantly longer. The Baltimore Immigration Court manages a busy calendar, and its timeline is not within the parties’ control. Your attorney can monitor the case status and, if necessary, follow up with the court.
What happens if my motion to reconsider is denied?
If your motion is denied, you may have the right to appeal to a higher authority—typically the Board of Immigration Appeals. The deadline for appealing is short, so immediate action is necessary. The denial does not necessarily end your immigration case; other forms of relief may still be available. The firm can explain your options after a denial and help you decide whether to appeal or pursue an alternative path.
Can I file a motion to reconsider with USCIS instead of the immigration court?
Yes, if your original unfavorable decision was made by a USCIS officer, you may file a motion to reconsider with the USCIS office that issued the decision. The rules for USCIS motions differ from those in immigration court proceedings, and the filing fee requirements also apply. The motion must be accompanied by the proper fee or a fee-waiver request. Our team can advise you whether a USCIS motion is appropriate and assist with its preparation and submission.
What documents should I gather for a motion to reconsider?
You should gather the written decision, your hearing transcript (if applicable), any evidence previously submitted, and any new legal authority that supports your argument. Detailed notes about what you believe went wrong during the hearing can also help your attorney identify errors. Do not wait to collect these items; the filing deadline is short. Organizing this material early can streamline the preparative of your motion.
How does the Baltimore Immigration Court handle motions to reconsider?
The Baltimore Immigration Court follows the same procedural rules as all immigration courts nationwide, applying the regulations found in 8 C.F.R. § 1003.23. Motions must be in writing, served on the opposing party—typically the Department of Homeland Security—and filed with the court within the prescribed deadline. The immigration judge may grant or deny the motion in a written order; sometimes an oral argument may be scheduled. The court’s handling of your case depends on the specific facts and legal arguments presented.
Can I appeal a denied motion to reconsider?
Yes, a denial of a motion to reconsider by an immigration judge is appealable to the Board of Immigration Appeals, generally within 30 days of the denial. The appeal must specify the errors you believe the immigration judge made in denying the motion. You cannot simply re-file the same motion; you must challenge the denial. An attorney can assist with a BIA appeal and help preserve your appellate rights.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris, Owner and Founder, is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates his practice on immigration matters, including motions to reconsider, and works alongside his Of Counsel to assist clients across Maryland. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997.
Internal pages: Montgomery County Immigration Lawyer | Prince George’s County Immigration Lawyer | Howard County Immigration Lawyer | Anne Arundel County Immigration Lawyer | Frederick County Immigration Lawyer
Authoritative resources: U.S. Citizenship and Immigration Services (USCIS) | Executive Office for Immigration Review (EOIR) | Board of Immigration Appeals (BIA)
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.