Immigration · Primary-source case analysis

Stone: A BIA Reconsideration Motion Did Not Toll the Judicial-Review Deadline

By Aneeta Mishra and Timothy Chan

Published August 19, 2026

Stone v. INS arose when a petitioner sought review of both the underlying deportation order and a later denial of reopening or reconsideration after the review period for the first order had elapsed.

The underlying order remained final

The statutory scheme contemplated judicial review of the final deportation order even while a reconsideration motion was pending before the agency.

Two review petitions could be necessary

The consolidation provision anticipated a timely petition from the underlying order and, if needed, a separate petition from the later motion ruling.

Agency reconsideration did not stop the court clock

A litigant could not rely on the pending motion to preserve review of the earlier order after the statutory deadline expired.

Today’s deadline and statute must be used

Stone construed an earlier 90-day provision. Current petitions for review generally carry a 30-day deadline under 8 U.S.C. section 1252(b)(1), and current consolidation and venue rules require independent analysis.

Key takeaways

• Calendar the petition-for-review deadline from the final order itself.
• Do not assume reopening or reconsideration tolls that deadline.
• File a separate timely petition from a later motion decision when review is needed.
• Request consolidation while preserving every jurisdictional and merits issue.