The One-Motion Rule After Matter of M-M-L-J-
INA §240(c)(7)(A) generally permits one motion to reopen. This page addresses filing, evidence, exceptions, and current EOIR practice.
INA §240(c)(7)(A) generally permits one motion to reopen. Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar.
Core Standard
M-M-L-J one-motion rule core standard starts with the final order. M-M-L-J one-motion rule core standard identifies the current tribunal. M-M-L-J one-motion rule core standard applies this rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule core standard checks every prior motion. M-M-L-J one-motion rule core standard states the requested remedy. M-M-L-J one-motion rule core standard separates reopening from reconsideration. M-M-L-J one-motion rule core standard identifies any claimed exception.
M-M-L-J one-motion rule core standard uses evidence tied to procedure. M-M-L-J one-motion rule core standard avoids unsupported factual assertions. M-M-L-J one-motion rule core standard applies this additional rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule core standard cites affidavits and exhibits precisely. M-M-L-J one-motion rule core standard explains prior unavailability when required. M-M-L-J one-motion rule core standard addresses contrary record material. M-M-L-J one-motion rule core standard connects procedure to requested relief.
M-M-L-J one-motion rule core standard should produce a reviewable ruling. M-M-L-J one-motion rule core standard preserves timeliness disputes. M-M-L-J one-motion rule core standard preserves numerical-limit disputes. M-M-L-J one-motion rule core standard applies this preservation rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule core standard records the DHS position. M-M-L-J one-motion rule core standard requests findings on disputed requirements. M-M-L-J one-motion rule core standard treats any stay separately.
Authority
M-M-L-J one-motion rule authority starts with the final order. M-M-L-J one-motion rule authority identifies the current tribunal. M-M-L-J one-motion rule authority applies this rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule authority checks every prior motion. M-M-L-J one-motion rule authority states the requested remedy. M-M-L-J one-motion rule authority separates reopening from reconsideration. M-M-L-J one-motion rule authority identifies any claimed exception.
M-M-L-J one-motion rule authority uses evidence tied to procedure. M-M-L-J one-motion rule authority avoids unsupported factual assertions. M-M-L-J one-motion rule authority applies this additional rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule authority cites affidavits and exhibits precisely. M-M-L-J one-motion rule authority explains prior unavailability when required. M-M-L-J one-motion rule authority addresses contrary record material. M-M-L-J one-motion rule authority connects procedure to requested relief.
M-M-L-J one-motion rule authority should produce a reviewable ruling. M-M-L-J one-motion rule authority preserves timeliness disputes. M-M-L-J one-motion rule authority preserves numerical-limit disputes. M-M-L-J one-motion rule authority applies this preservation rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule authority records the DHS position. M-M-L-J one-motion rule authority requests findings on disputed requirements. M-M-L-J one-motion rule authority treats any stay separately.
Forum
M-M-L-J one-motion rule forum starts with the final order. M-M-L-J one-motion rule forum identifies the current tribunal. M-M-L-J one-motion rule forum applies this rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule forum checks every prior motion. M-M-L-J one-motion rule forum states the requested remedy. M-M-L-J one-motion rule forum separates reopening from reconsideration. M-M-L-J one-motion rule forum identifies any claimed exception.
M-M-L-J one-motion rule forum uses evidence tied to procedure. M-M-L-J one-motion rule forum avoids unsupported factual assertions. M-M-L-J one-motion rule forum applies this additional rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule forum cites affidavits and exhibits precisely. M-M-L-J one-motion rule forum explains prior unavailability when required. M-M-L-J one-motion rule forum addresses contrary record material. M-M-L-J one-motion rule forum connects procedure to requested relief.
M-M-L-J one-motion rule forum should produce a reviewable ruling. M-M-L-J one-motion rule forum preserves timeliness disputes. M-M-L-J one-motion rule forum preserves numerical-limit disputes. M-M-L-J one-motion rule forum applies this preservation rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule forum records the DHS position. M-M-L-J one-motion rule forum requests findings on disputed requirements. M-M-L-J one-motion rule forum treats any stay separately.
Deadline
M-M-L-J one-motion rule deadline starts with the final order. M-M-L-J one-motion rule deadline identifies the current tribunal. M-M-L-J one-motion rule deadline applies this rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule deadline checks every prior motion. M-M-L-J one-motion rule deadline states the requested remedy. M-M-L-J one-motion rule deadline separates reopening from reconsideration. M-M-L-J one-motion rule deadline identifies any claimed exception.
M-M-L-J one-motion rule deadline uses evidence tied to procedure. M-M-L-J one-motion rule deadline avoids unsupported factual assertions. M-M-L-J one-motion rule deadline applies this additional rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule deadline cites affidavits and exhibits precisely. M-M-L-J one-motion rule deadline explains prior unavailability when required. M-M-L-J one-motion rule deadline addresses contrary record material. M-M-L-J one-motion rule deadline connects procedure to requested relief.
M-M-L-J one-motion rule deadline should produce a reviewable ruling. M-M-L-J one-motion rule deadline preserves timeliness disputes. M-M-L-J one-motion rule deadline preserves numerical-limit disputes. M-M-L-J one-motion rule deadline applies this preservation rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule deadline records the DHS position. M-M-L-J one-motion rule deadline requests findings on disputed requirements. M-M-L-J one-motion rule deadline treats any stay separately.
Number Rule
M-M-L-J one-motion rule number rule starts with the final order. M-M-L-J one-motion rule number rule identifies the current tribunal. M-M-L-J one-motion rule number rule applies this rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule number rule checks every prior motion. M-M-L-J one-motion rule number rule states the requested remedy. M-M-L-J one-motion rule number rule separates reopening from reconsideration. M-M-L-J one-motion rule number rule identifies any claimed exception.
M-M-L-J one-motion rule number rule uses evidence tied to procedure. M-M-L-J one-motion rule number rule avoids unsupported factual assertions. M-M-L-J one-motion rule number rule applies this additional rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule number rule cites affidavits and exhibits precisely. M-M-L-J one-motion rule number rule explains prior unavailability when required. M-M-L-J one-motion rule number rule addresses contrary record material. M-M-L-J one-motion rule number rule connects procedure to requested relief.
M-M-L-J one-motion rule number rule should produce a reviewable ruling. M-M-L-J one-motion rule number rule preserves timeliness disputes. M-M-L-J one-motion rule number rule preserves numerical-limit disputes. M-M-L-J one-motion rule number rule applies this preservation rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule number rule records the DHS position. M-M-L-J one-motion rule number rule requests findings on disputed requirements. M-M-L-J one-motion rule number rule treats any stay separately.
Evidence
M-M-L-J one-motion rule evidence starts with the final order. M-M-L-J one-motion rule evidence identifies the current tribunal. M-M-L-J one-motion rule evidence applies this rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule evidence checks every prior motion. M-M-L-J one-motion rule evidence states the requested remedy. M-M-L-J one-motion rule evidence separates reopening from reconsideration. M-M-L-J one-motion rule evidence identifies any claimed exception.
M-M-L-J one-motion rule evidence uses evidence tied to procedure. M-M-L-J one-motion rule evidence avoids unsupported factual assertions. M-M-L-J one-motion rule evidence applies this additional rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule evidence cites affidavits and exhibits precisely. M-M-L-J one-motion rule evidence explains prior unavailability when required. M-M-L-J one-motion rule evidence addresses contrary record material. M-M-L-J one-motion rule evidence connects procedure to requested relief.
M-M-L-J one-motion rule evidence should produce a reviewable ruling. M-M-L-J one-motion rule evidence preserves timeliness disputes. M-M-L-J one-motion rule evidence preserves numerical-limit disputes. M-M-L-J one-motion rule evidence applies this preservation rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule evidence records the DHS position. M-M-L-J one-motion rule evidence requests findings on disputed requirements. M-M-L-J one-motion rule evidence treats any stay separately.
Materiality
M-M-L-J one-motion rule materiality starts with the final order. M-M-L-J one-motion rule materiality identifies the current tribunal. M-M-L-J one-motion rule materiality applies this rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule materiality checks every prior motion. M-M-L-J one-motion rule materiality states the requested remedy. M-M-L-J one-motion rule materiality separates reopening from reconsideration. M-M-L-J one-motion rule materiality identifies any claimed exception.
M-M-L-J one-motion rule materiality uses evidence tied to procedure. M-M-L-J one-motion rule materiality avoids unsupported factual assertions. M-M-L-J one-motion rule materiality applies this additional rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule materiality cites affidavits and exhibits precisely. M-M-L-J one-motion rule materiality explains prior unavailability when required. M-M-L-J one-motion rule materiality addresses contrary record material. M-M-L-J one-motion rule materiality connects procedure to requested relief.
M-M-L-J one-motion rule materiality should produce a reviewable ruling. M-M-L-J one-motion rule materiality preserves timeliness disputes. M-M-L-J one-motion rule materiality preserves numerical-limit disputes. M-M-L-J one-motion rule materiality applies this preservation rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule materiality records the DHS position. M-M-L-J one-motion rule materiality requests findings on disputed requirements. M-M-L-J one-motion rule materiality treats any stay separately.
Exceptions
M-M-L-J one-motion rule exceptions starts with the final order. M-M-L-J one-motion rule exceptions identifies the current tribunal. M-M-L-J one-motion rule exceptions applies this rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule exceptions checks every prior motion. M-M-L-J one-motion rule exceptions states the requested remedy. M-M-L-J one-motion rule exceptions separates reopening from reconsideration. M-M-L-J one-motion rule exceptions identifies any claimed exception.
M-M-L-J one-motion rule exceptions uses evidence tied to procedure. M-M-L-J one-motion rule exceptions avoids unsupported factual assertions. M-M-L-J one-motion rule exceptions applies this additional rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule exceptions cites affidavits and exhibits precisely. M-M-L-J one-motion rule exceptions explains prior unavailability when required. M-M-L-J one-motion rule exceptions addresses contrary record material. M-M-L-J one-motion rule exceptions connects procedure to requested relief.
M-M-L-J one-motion rule exceptions should produce a reviewable ruling. M-M-L-J one-motion rule exceptions preserves timeliness disputes. M-M-L-J one-motion rule exceptions preserves numerical-limit disputes. M-M-L-J one-motion rule exceptions applies this preservation rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule exceptions records the DHS position. M-M-L-J one-motion rule exceptions requests findings on disputed requirements. M-M-L-J one-motion rule exceptions treats any stay separately.
DHS Response
M-M-L-J one-motion rule dhs response starts with the final order. M-M-L-J one-motion rule dhs response identifies the current tribunal. M-M-L-J one-motion rule dhs response applies this rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule dhs response checks every prior motion. M-M-L-J one-motion rule dhs response states the requested remedy. M-M-L-J one-motion rule dhs response separates reopening from reconsideration. M-M-L-J one-motion rule dhs response identifies any claimed exception.
M-M-L-J one-motion rule dhs response uses evidence tied to procedure. M-M-L-J one-motion rule dhs response avoids unsupported factual assertions. M-M-L-J one-motion rule dhs response applies this additional rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule dhs response cites affidavits and exhibits precisely. M-M-L-J one-motion rule dhs response explains prior unavailability when required. M-M-L-J one-motion rule dhs response addresses contrary record material. M-M-L-J one-motion rule dhs response connects procedure to requested relief.
M-M-L-J one-motion rule dhs response should produce a reviewable ruling. M-M-L-J one-motion rule dhs response preserves timeliness disputes. M-M-L-J one-motion rule dhs response preserves numerical-limit disputes. M-M-L-J one-motion rule dhs response applies this preservation rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule dhs response records the DHS position. M-M-L-J one-motion rule dhs response requests findings on disputed requirements. M-M-L-J one-motion rule dhs response treats any stay separately.
Respondent Proof
M-M-L-J one-motion rule respondent proof starts with the final order. M-M-L-J one-motion rule respondent proof identifies the current tribunal. M-M-L-J one-motion rule respondent proof applies this rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule respondent proof checks every prior motion. M-M-L-J one-motion rule respondent proof states the requested remedy. M-M-L-J one-motion rule respondent proof separates reopening from reconsideration. M-M-L-J one-motion rule respondent proof identifies any claimed exception.
M-M-L-J one-motion rule respondent proof uses evidence tied to procedure. M-M-L-J one-motion rule respondent proof avoids unsupported factual assertions. M-M-L-J one-motion rule respondent proof applies this additional rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule respondent proof cites affidavits and exhibits precisely. M-M-L-J one-motion rule respondent proof explains prior unavailability when required. M-M-L-J one-motion rule respondent proof addresses contrary record material. M-M-L-J one-motion rule respondent proof connects procedure to requested relief.
M-M-L-J one-motion rule respondent proof should produce a reviewable ruling. M-M-L-J one-motion rule respondent proof preserves timeliness disputes. M-M-L-J one-motion rule respondent proof preserves numerical-limit disputes. M-M-L-J one-motion rule respondent proof applies this preservation rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule respondent proof records the DHS position. M-M-L-J one-motion rule respondent proof requests findings on disputed requirements. M-M-L-J one-motion rule respondent proof treats any stay separately.
Drafting
M-M-L-J one-motion rule drafting starts with the final order. M-M-L-J one-motion rule drafting identifies the current tribunal. M-M-L-J one-motion rule drafting applies this rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule drafting checks every prior motion. M-M-L-J one-motion rule drafting states the requested remedy. M-M-L-J one-motion rule drafting separates reopening from reconsideration. M-M-L-J one-motion rule drafting identifies any claimed exception.
M-M-L-J one-motion rule drafting uses evidence tied to procedure. M-M-L-J one-motion rule drafting avoids unsupported factual assertions. M-M-L-J one-motion rule drafting applies this additional rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule drafting cites affidavits and exhibits precisely. M-M-L-J one-motion rule drafting explains prior unavailability when required. M-M-L-J one-motion rule drafting addresses contrary record material. M-M-L-J one-motion rule drafting connects procedure to requested relief.
M-M-L-J one-motion rule drafting should produce a reviewable ruling. M-M-L-J one-motion rule drafting preserves timeliness disputes. M-M-L-J one-motion rule drafting preserves numerical-limit disputes. M-M-L-J one-motion rule drafting applies this preservation rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule drafting records the DHS position. M-M-L-J one-motion rule drafting requests findings on disputed requirements. M-M-L-J one-motion rule drafting treats any stay separately.
Stay Issues
M-M-L-J one-motion rule stay issues starts with the final order. M-M-L-J one-motion rule stay issues identifies the current tribunal. M-M-L-J one-motion rule stay issues applies this rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule stay issues checks every prior motion. M-M-L-J one-motion rule stay issues states the requested remedy. M-M-L-J one-motion rule stay issues separates reopening from reconsideration. M-M-L-J one-motion rule stay issues identifies any claimed exception.
M-M-L-J one-motion rule stay issues uses evidence tied to procedure. M-M-L-J one-motion rule stay issues avoids unsupported factual assertions. M-M-L-J one-motion rule stay issues applies this additional rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule stay issues cites affidavits and exhibits precisely. M-M-L-J one-motion rule stay issues explains prior unavailability when required. M-M-L-J one-motion rule stay issues addresses contrary record material. M-M-L-J one-motion rule stay issues connects procedure to requested relief.
M-M-L-J one-motion rule stay issues should produce a reviewable ruling. M-M-L-J one-motion rule stay issues preserves timeliness disputes. M-M-L-J one-motion rule stay issues preserves numerical-limit disputes. M-M-L-J one-motion rule stay issues applies this preservation rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule stay issues records the DHS position. M-M-L-J one-motion rule stay issues requests findings on disputed requirements. M-M-L-J one-motion rule stay issues treats any stay separately.
Relief Effect
M-M-L-J one-motion rule relief effect starts with the final order. M-M-L-J one-motion rule relief effect identifies the current tribunal. M-M-L-J one-motion rule relief effect applies this rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule relief effect checks every prior motion. M-M-L-J one-motion rule relief effect states the requested remedy. M-M-L-J one-motion rule relief effect separates reopening from reconsideration. M-M-L-J one-motion rule relief effect identifies any claimed exception.
M-M-L-J one-motion rule relief effect uses evidence tied to procedure. M-M-L-J one-motion rule relief effect avoids unsupported factual assertions. M-M-L-J one-motion rule relief effect applies this additional rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule relief effect cites affidavits and exhibits precisely. M-M-L-J one-motion rule relief effect explains prior unavailability when required. M-M-L-J one-motion rule relief effect addresses contrary record material. M-M-L-J one-motion rule relief effect connects procedure to requested relief.
M-M-L-J one-motion rule relief effect should produce a reviewable ruling. M-M-L-J one-motion rule relief effect preserves timeliness disputes. M-M-L-J one-motion rule relief effect preserves numerical-limit disputes. M-M-L-J one-motion rule relief effect applies this preservation rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule relief effect records the DHS position. M-M-L-J one-motion rule relief effect requests findings on disputed requirements. M-M-L-J one-motion rule relief effect treats any stay separately.
Review
M-M-L-J one-motion rule review starts with the final order. M-M-L-J one-motion rule review identifies the current tribunal. M-M-L-J one-motion rule review applies this rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule review checks every prior motion. M-M-L-J one-motion rule review states the requested remedy. M-M-L-J one-motion rule review separates reopening from reconsideration. M-M-L-J one-motion rule review identifies any claimed exception.
M-M-L-J one-motion rule review uses evidence tied to procedure. M-M-L-J one-motion rule review avoids unsupported factual assertions. M-M-L-J one-motion rule review applies this additional rule: INA §240(c)(7)(A) generally permits one motion to reopen. M-M-L-J one-motion rule review cites affidavits and exhibits precisely. M-M-L-J one-motion rule review explains prior unavailability when required. M-M-L-J one-motion rule review addresses contrary record material. M-M-L-J one-motion rule review connects procedure to requested relief.
M-M-L-J one-motion rule review should produce a reviewable ruling. M-M-L-J one-motion rule review preserves timeliness disputes. M-M-L-J one-motion rule review preserves numerical-limit disputes. M-M-L-J one-motion rule review applies this preservation rule: Matter of M-M-L-J- holds that equitable tolling does not apply to the number bar. M-M-L-J one-motion rule review records the DHS position. M-M-L-J one-motion rule review requests findings on disputed requirements. M-M-L-J one-motion rule review treats any stay separately.
Checklist
M-M-L-J one-motion rule checklist starts with the final order. M-M-L-J one-motion rule checklist identifies the current tribunal. M-M-L-J one-motion rule checklist applies this rule: A timely motion can still fail when it is numerically barred. M-M-L-J one-motion rule checklist checks every prior motion. M-M-L-J one-motion rule checklist states the requested remedy. M-M-L-J one-motion rule checklist separates reopening from reconsideration. M-M-L-J one-motion rule checklist identifies any claimed exception.
M-M-L-J one-motion rule checklist uses evidence tied to procedure. M-M-L-J one-motion rule checklist avoids unsupported factual assertions. M-M-L-J one-motion rule checklist applies this additional rule: Matter of M-M-L-J- counts reopening motions filed with either the Immigration Court or the BIA toward the single-motion limit. M-M-L-J one-motion rule checklist cites affidavits and exhibits precisely. M-M-L-J one-motion rule checklist explains prior unavailability when required. M-M-L-J one-motion rule checklist addresses contrary record material. M-M-L-J one-motion rule checklist connects procedure to requested relief.
M-M-L-J one-motion rule checklist should produce a reviewable ruling. M-M-L-J one-motion rule checklist preserves timeliness disputes. M-M-L-J one-motion rule checklist preserves numerical-limit disputes. M-M-L-J one-motion rule checklist applies this preservation rule: The statute contains a limited exception for qualifying battered spouses, children, and parents. M-M-L-J one-motion rule checklist records the DHS position. M-M-L-J one-motion rule checklist requests findings on disputed requirements. M-M-L-J one-motion rule checklist treats any stay separately.
Primary Legal Authorities and Sources
- Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026) Current BIA precedent: one reopening motion; number bar not equitably tolled.
- 8 U.S.C. §1229a — Removal Proceedings Current INA §240(c)(7) motion statute.
- EOIR Board Practice Manual 4.3 — Motion Limits Current BIA time, number, and compound-motion guidance.
- 8 C.F.R. §1003.2 — BIA Reopening and Reconsideration Current BIA reopening and reconsideration regulation.
- 8 C.F.R. §1003.23 — Immigration Judge Reopening and Reconsideration Current Immigration Judge reopening and reconsideration regulation.
- EOIR Board Practice Manual 4.6 — Motions to Reopen Current BIA reopening guidance.
Frequently Asked Questions
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Does Matter of M-M-L-J one motion reopen number bar automatically stay removal?
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