Order granting motion for reconsideration

Motion to Reconsider — granted: what it means and what happens next

When a motion to reconsider is granted, the Board of Immigration Appeals (BIA) or immigration judge has concluded that the original decision contained a legal error that warrants reexamination. Therefore, the grant does not itself resolve the underlying relief request — it corrects the legal mistake and sends the case back for further proceedings or issues a revised decision addressing the error of the motion to reconsider granted.

How a motion to reconsider differs from a motion to reopen

Motion to reconsider argues the original decision misapplied law or precedent; it asks the tribunal to fix legal error based on the existing record.
Motion to reopen presents new facts or evidence that were not reasonably available at the original hearing.
Both are discretionary and must meet strict procedural rules and filing deadlines; timely filing and precise legal arguments are essential for a motion to reconsider to be granted.

Common reasons the BIA grants reconsideration

Misapplied statutory interpretation or case law.
Failure to apply controlling precedent or a clear error in legal reasoning.
Legal defects in the analysis of removability, relief eligibility, or jurisdiction.
As a result, persuasive briefing focused on precedents and targeted legal errors increases the chance of a grant, thus having a motion to reconsider granted.

Practical consequences of a grant

The case will be remanded for further proceedings or the BIA/tribunal will issue a corrected ruling addressing the legal error.
If remanded, expect scheduling orders, new briefing deadlines, and potential additional hearings, which follow after having the motion to reconsider granted.
If the respondent is detained, a grant may create grounds to request custody review or bond re-evaluation.
DHS may seek appellate review or other supervisory review in response to a grant.

What to do right after a grant (action checklist)

Obtain and read the written order carefully to identify the issue(s) the tribunal fixed.
Comply immediately with any deadlines set in the remand or revised order.
Prepare the merits packet or targeted legal brief the tribunal ordered.
File bond/custody motions promptly if the grant supports release in cases where a motion to reconsider granted you a new chance.

Evidence & briefing tips that help post-grant work

Tie each exhibit and witness statement directly to the legal issue the tribunal identified.
Use short, focused declarations that cite the paragraph numbers of exhibits they rely on.
For legal arguments, provide clear citations to controlling precedent and explain why the error was prejudicial. Doing this can help secure a motion to reconsider granted in your favor.

FAQs

Q — Does a grant mean I won my case?
A — No. A grant corrects a legal error and restarts part of the process; relief still must be obtained at the merits stage (or in a revised ruling).

Q — Can DHS appeal a grant?
A — Yes. DHS may seek further review; be prepared to defend the grant if DHS appeals, especially after your motion to reconsider was effectively granted.

Q — How soon will I get a new hearing or decision?
A — Timing varies by docket; contact your attorney immediately to calendar required filings.

How we help

We draft precise motions to reconsider and post-grant merits packets, prepare witness declarations and expert reports, coordinate evidence organization, and litigate at remand hearings or appeals.

Disclaimer: General information, not legal advice. Procedures and deadlines vary — consult counsel promptly.

Person had deportation order for years and Motion to Reopen was denied.
We filed a Motion to Reconsider based upon the Convention Against Torture, Withholding of Removal and Asylum.