When must a motion to reopen be filed?

• A. Within 60 days of the order
• B. Within 90 days of the IJ or BIA order
• C. Within 120 days of the order
• D. Within 30 days of the final order

Answer: (B)

A motion to reopen must be filed within 90 days of the order issued by the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA). This timeframe is critical as it ensures that the request is timely considered, fostering the integrity and efficiency of the legal process.

The 90-day limit is established in the regulations governing immigration proceedings, allowing affected parties a reasonable period to gather new evidence or present new circumstances that warrant reopening a case. Filing within this window is crucial to ensure that the motion will be accepted and reviewed by the appropriate authorities.

In contrast, the other timeframes mentioned are not applicable for a motion to reopen. For example, a 60-day period may relate to certain administrative appeals, while a 120-day window does not align with established guidelines for reopening motions in immigration cases. Similarly, a 30-day period typically corresponds to different types of motions or appeals, reinforcing the necessity of adhering strictly to the 90-day requirement for reopening cases.