You get one motion to reopen. Make it complete.

A motion to reopen asks the immigration court or the Board of Immigration Appeals to open a closed case again, usually because of new facts or new evidence. For many people it is the last way back into court after a removal order.

On August 18, 2026, the Board made clear how limited that tool is. In Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026), it held:

"An alien is permitted to file only one motion to reopen, whether with the Immigration Court or the Board of Immigration Appeals, subject to the limited statutory exception for battered spouses, children, and parents, and equitable tolling does not apply to the number bar."

What the decision means

There are three parts to the holding.

• One motion in total. The limit is not one motion in each place. A motion filed with the immigration judge and a later motion filed with the Board count together. Once you have used your one motion, it is gone.
• No equitable tolling of the number limit. Equitable tolling is a doctrine that, in some situations, can excuse a filing limit. The Board held that it cannot be used to get a second motion past the number bar.
• The battered spouse exception survives. The statute has a limited exception for battered spouses, children and parents. The decision leaves it in place.

The practical result is simple and harsh. A first motion that leaves out a key fact, a key document or a key argument may use up the only chance there is.

The deadlines for reopening and reconsidering

Two kinds of motion are often confused. A motion to reconsider says the decision was wrong on the record as it stood. A motion to reopen says there are new facts that should be considered.

The reconsider and reopen rules come from INA 240(c)(6) and (c)(7). The in absentia rules come from INA 240(b)(5)(C), and our post on missing a court hearing explains them.

The changed country conditions exception

This is the most important exception for asylum seekers. If conditions in your home country have changed in a way that affects your claim, a motion to reopen based on that change is not subject to the 90-day deadline. The statute removes the time limit, and 8 C.F.R. 1003.23(b)(4)(i) removes the number limit as well.

Fees and fee waivers

As of August 20, 2026, the EOIR fees for motions are:

• $1,095 for a motion before an immigration judge (it was $1,065 before October 1, 2026).
• $1,060 for a motion before the Board (it was $1,030 before October 1, 2026).
• No fee for a motion to reopen an in absentia order under INA 240(b)(5)(C)(ii), the route for lack of notice or custody.

Fees are paid through the EOIR Payment Portal at epay.eoir.justice.gov. EOIR no longer accepts checks or money orders, and the receipt has to go with the filing. A judge may waive a motion fee on a showing that you cannot pay, supported by an affidavit or a declaration under penalty of perjury, unless the regulations forbid a waiver. If a waiver is denied, there are 15 days to cure, and the deadline is tolled while the request is decided.

Why the one motion must be complete

It is tempting to treat a first motion as a draft that can be improved later. After M-M-L-J-, that approach does not work. Before anything is filed:

• Identify every ground for reopening that exists now, and put them all in the same motion.
• Gather the new evidence first. A motion that promises evidence to come is weaker than one that attaches it.
• Check which deadline applies, and whether an exception, such as changed country conditions, frees the motion from the time and number limits.
• Decide whether to ask for a stay of removal at the same time.

If a case ended with a Board decision, consider also whether a petition for review, due 30 days from the final order, is the better route. See our post on appeal deadlines.

A motion to reopen is often a single chance, and after this decision it has to be done right the first time. If you have a removal order and think your case should be reopened, talk to an immigration lawyer about your own case before anything is filed.