Motion to Reconsider Lawyer Orleans County, New York
A motion to reconsider in immigration law is a request to review a decision based on an error of law or fact, governed by the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) and 8 C.F.R. § 1003.2(b). Law Offices Of SRIS, P.C.
Understanding the Motion to Reconsider Under Immigration Law
A motion to reconsider is a legal request filed with the Board of Immigration Appeals (BIA) or an immigration court to review a prior decision. Under 8 C.F.R. § 1003.2(b), the motion must specify the errors of law or fact in the decision and be filed within 30 days of the decision. This is distinct from a motion to reopen, which requires new evidence. The Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) governs these procedures. For Orleans County residents, removal proceedings are heard at the New York Immigration Court at 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience.
Last verified: May 2026 | New York Immigration Court (26 Federal Plaza) | New York State Senate
Official Resources for Immigration Law
For authoritative information on motions to reconsider, consult these official government sources:
- USCIS.gov (U.S. Citizenship and Immigration Services — official site)
- Justice.gov/EOIR (Executive Office for Immigration Review — official site)
Local Procedural Insights for Orleans County Immigration Cases
In our experience handling immigration matters for Orleans County residents, we have observed that the New York Immigration Court at 26 Federal Plaza has specific procedural requirements for motions to reconsider. Prosecutors and DHS attorneys often oppose these motions vigorously, so a well-documented legal argument is essential.
- Identify the specific legal error in the immigration court or BIA decision.
- Gather all relevant case law and statutory citations under the INA.
- File the motion within 30 days of the decision per 8 C.F.R. § 1003.2(b).
- Serve the motion on the opposing party and the immigration court.
- Prepare for potential opposition and oral argument if required.
- Consider appeal options if the motion is denied.
In Orleans County, New York, a motion to reconsider in immigration cases carries no direct criminal penalties, but the consequences of denial can include removal (deportation) and bars to reentry.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Removal Order (Deportation) | Civil immigration violation | None (detention possible) | None | N/A | Removal from U.S.; 3/10-year bars; permanent bar for aggravated felonies |
| Unlawful Presence | Civil immigration violation | None | None | N/A | 3-year or 10-year bar on reentry under INA § 212(a)(9)(B) |
Results may vary. Case results depend on a variety of factors unique to each case.
Why Choose Law Offices Of SRIS, P.C. for Your Motion to Reconsider?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris has a background in accounting and information systems, which he applies to complex immigration cases. He is consulted by Indian Consulate officials in Washington, D.C. on U.S. legal matters. The firm handles immigration matters for Orleans County residents, including motions to reconsider and motions to reopen.
Case Results in Immigration Matters
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While specific locality data for Orleans County is not available, the firm’s extensive experience in immigration law includes handling motions to reconsider and motions to reopen. Results may vary. Case results depend on a variety of factors unique to each case.
Our Location and Service Area for Orleans County
Our location in Buffalo, NY is approximately 45 miles from Orleans County Supreme Court at 1 South Main Street, Suite 3, Albion, NY 14411, with access via I-90 (NYS Thruway) and Route 31. We serve as a Motion to Reconsider Lawyer Orleans County and an immigration reconsideration lawyer Orleans County. Serving the communities of Albion, Medina, Holley, Kendall, Lyndonville, Ridgeway, Gaines, Carlton, and Yates. 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 Motions to Reconsider in Orleans County
Where is the immigration court for Orleans County, New York?
Removal proceedings for Orleans 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 Orleans County residents. The Orleans County Supreme Court does not handle immigration cases; these are federal matters under the Immigration and Nationality Act (8 U.S.C.).
What is a motion to reconsider in immigration law?
It depends. A motion to reconsider is a request to the BIA or immigration court to review a decision based on an error of law or fact. Under 8 C.F.R. § 1003.2(b), it must be filed within 30 days of the decision. An immigration reconsideration lawyer Orleans County can help identify legal errors in your case.
How long does a motion to reconsider take in New York?
Processing times for a motion to reconsider at the BIA or immigration court vary. Typically, the BIA takes 6 to 18 months to adjudicate. The Orleans County Supreme Court does not handle immigration motions; these are federal matters under the Immigration and Nationality Act (8 U.S.C.). An immigration reconsideration lawyer Orleans County can provide case-specific timelines.
Can I reopen my immigration case in Orleans County?
Yes. You can file a motion to reopen your immigration case if new evidence arises or circumstances change. Under 8 C.F.R. § 1003.2(c), the motion must be filed within 90 days of the final decision, with exceptions for changed country conditions. A reopen immigration case lawyer Orleans County can assess your eligibility.
What should I do if my motion to reconsider is denied?
If your motion to reconsider is denied, you may appeal to the Board of Immigration Appeals or file a petition for review with the U.S. Court of Appeals. Deadlines are strict. Contact a Motion to Reconsider Lawyer Orleans County immediately to explore options under the Immigration and Nationality Act (8 U.S.C.).
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Last verified: May 2026