The Board of Immigration Appeals (BIA) has ruled against a Jordanian man’s fourth attempt to reopen his removal case. The decision, made on August 18, 2026, clarifies that individuals can only file one motion to reopen their immigration cases, with very few exceptions. This ruling affects immigrants who may seek to contest removal orders but have already exhausted their opportunities.
The case, identified as M-M-L-J (Docket ID 4235), involved a respondent who entered the United States in 2010 as a student. After failing to comply with his visa requirements, he faced removal proceedings. The BIA's decision emphasizes the importance of finality in immigration cases and restricts the number of motions an individual can file to contest their removal.
Background
The respondent, a native of Jordan, was ordered removed from the United States on March 11, 2020, after his appeal against an Immigration Judge’s decision was dismissed. He had previously filed three motions to reopen his case, all of which were denied. His latest motion sought to reopen the case based on a Petition for Alien Relative (Form I-130) filed by his third wife.
The respondent's journey began when he arrived in the U.S. as an F-1 nonimmigrant student in 2010. He later married a U.S. citizen, but the marriage ended due to domestic violence issues. Following that, he was charged with failing to comply with his visa status and faced removal proceedings. He attempted to argue for special relief based on claims of abuse but was unsuccessful due to insufficient evidence.
After his first marriage, he married again, filing a motion to reopen based on a petition from his second wife, which was also denied. His latest attempt to reopen the case was based on a petition from his third wife, a naturalized U.S. citizen. However, the BIA ruled that he had already exceeded the limit on motions to reopen.
The Ruling
The BIA, led by Chief Appellate Immigration Judge Malphrus and Appellate Immigration Judges Gemoets and Volkert, ruled that the respondent could only file one motion to reopen his case. The court stated, "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." This ruling reinforces the statutory limit on reopening motions under the Immigration and Nationality Act (INA).
The BIA also addressed the respondent's argument for equitable tolling, which would allow for exceptions to the one-motion rule due to ineffective assistance from his former counsel. The court ruled against this, stating, "We hold that the INA’s number bar on motions to reopen is not subject to equitable tolling." This decision aligns with previous rulings from other circuit courts that have similarly rejected the application of equitable tolling to the number bar.
Impact
This ruling has significant implications for immigrants facing removal proceedings. It establishes a clear precedent that individuals can only file one motion to reopen their cases, thus limiting their options for contesting removal orders. This decision underscores the importance of finality in immigration law and highlights the challenges faced by individuals who may not have adequate legal representation.
The BIA's decision also clarifies that the statutory limit on motions to reopen is strictly enforced and that there are very few exceptions. This could affect many individuals who may have legitimate claims for reopening their cases but find themselves barred by this ruling. The decision may also discourage individuals from pursuing multiple motions, knowing that they risk being denied due to the number bar.
What’s Next
The respondent has limited options following this ruling. He cannot appeal this decision to a higher court, as the BIA's ruling is final on this matter. However, he may seek other forms of relief or reconsideration if new evidence arises or if he can demonstrate exceptional circumstances. There are no related cases pending that would impact this decision directly.