The immigration board may upon its own motion or, upon motion of the respondent or the assistant attorney general reopen or reconsider any case in which it made a decision. A motion to reopen will not be granted unless the board is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing. The board may stay deportation pending its determination of the motion and also pending the taking and disposition of an appeal from such determination. All requests for consideration must be filed within 15 days of receipt of the board’s decision.

History: Rule 3-86, eff 7 Dec 86.