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A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R.
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
Evidence that will support motions to reopen You must show that the previously unavailable material evidence couldn't have been discovered or presented at the initial hearing. If requisite, the motion should also be followed by a completed application for relief, such as an asylum application.
(2) Content ? A motion to reopen must state the new facts that will be proven at a reopened hearing if the motion is granted, and the motion must be supported by affidavits or other evidentiary material. 8 C.F.R. § 1003.23(b)(3) .
If you are electronically filing this form, you must follow the instructions provided on the USCIS online filing website, at .uscis.gov/file-online. Biometric Services Appointment.