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Advanced Motions to Reopen and Reconsider

VAWA Motions to Reopen After Matter of B-S-H- and Matter of M-M-L-J-

INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. This page addresses filing, evidence, exceptions, and current EOIR practice.

Reviewed by Peter Messersmith September 17, 2026
Direct Answer

INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar.

Core Standard

VAWA reopening limits core standard starts with the final order. VAWA reopening limits core standard identifies the current tribunal. VAWA reopening limits core standard applies this rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits core standard checks every prior motion. VAWA reopening limits core standard states the requested remedy. VAWA reopening limits core standard separates reopening from reconsideration. VAWA reopening limits core standard identifies any claimed exception.

VAWA reopening limits core standard uses evidence tied to procedure. VAWA reopening limits core standard avoids unsupported factual assertions. VAWA reopening limits core standard applies this additional rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits core standard cites affidavits and exhibits precisely. VAWA reopening limits core standard explains prior unavailability when required. VAWA reopening limits core standard addresses contrary record material. VAWA reopening limits core standard connects procedure to requested relief.

VAWA reopening limits core standard should produce a reviewable ruling. VAWA reopening limits core standard preserves timeliness disputes. VAWA reopening limits core standard preserves numerical-limit disputes. VAWA reopening limits core standard applies this preservation rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits core standard records the DHS position. VAWA reopening limits core standard requests findings on disputed requirements. VAWA reopening limits core standard treats any stay separately.

Authority

VAWA reopening limits authority starts with the final order. VAWA reopening limits authority identifies the current tribunal. VAWA reopening limits authority applies this rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits authority checks every prior motion. VAWA reopening limits authority states the requested remedy. VAWA reopening limits authority separates reopening from reconsideration. VAWA reopening limits authority identifies any claimed exception.

VAWA reopening limits authority uses evidence tied to procedure. VAWA reopening limits authority avoids unsupported factual assertions. VAWA reopening limits authority applies this additional rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits authority cites affidavits and exhibits precisely. VAWA reopening limits authority explains prior unavailability when required. VAWA reopening limits authority addresses contrary record material. VAWA reopening limits authority connects procedure to requested relief.

VAWA reopening limits authority should produce a reviewable ruling. VAWA reopening limits authority preserves timeliness disputes. VAWA reopening limits authority preserves numerical-limit disputes. VAWA reopening limits authority applies this preservation rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits authority records the DHS position. VAWA reopening limits authority requests findings on disputed requirements. VAWA reopening limits authority treats any stay separately.

Forum

VAWA reopening limits forum starts with the final order. VAWA reopening limits forum identifies the current tribunal. VAWA reopening limits forum applies this rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits forum checks every prior motion. VAWA reopening limits forum states the requested remedy. VAWA reopening limits forum separates reopening from reconsideration. VAWA reopening limits forum identifies any claimed exception.

VAWA reopening limits forum uses evidence tied to procedure. VAWA reopening limits forum avoids unsupported factual assertions. VAWA reopening limits forum applies this additional rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits forum cites affidavits and exhibits precisely. VAWA reopening limits forum explains prior unavailability when required. VAWA reopening limits forum addresses contrary record material. VAWA reopening limits forum connects procedure to requested relief.

VAWA reopening limits forum should produce a reviewable ruling. VAWA reopening limits forum preserves timeliness disputes. VAWA reopening limits forum preserves numerical-limit disputes. VAWA reopening limits forum applies this preservation rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits forum records the DHS position. VAWA reopening limits forum requests findings on disputed requirements. VAWA reopening limits forum treats any stay separately.

Deadline

VAWA reopening limits deadline starts with the final order. VAWA reopening limits deadline identifies the current tribunal. VAWA reopening limits deadline applies this rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits deadline checks every prior motion. VAWA reopening limits deadline states the requested remedy. VAWA reopening limits deadline separates reopening from reconsideration. VAWA reopening limits deadline identifies any claimed exception.

VAWA reopening limits deadline uses evidence tied to procedure. VAWA reopening limits deadline avoids unsupported factual assertions. VAWA reopening limits deadline applies this additional rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits deadline cites affidavits and exhibits precisely. VAWA reopening limits deadline explains prior unavailability when required. VAWA reopening limits deadline addresses contrary record material. VAWA reopening limits deadline connects procedure to requested relief.

VAWA reopening limits deadline should produce a reviewable ruling. VAWA reopening limits deadline preserves timeliness disputes. VAWA reopening limits deadline preserves numerical-limit disputes. VAWA reopening limits deadline applies this preservation rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits deadline records the DHS position. VAWA reopening limits deadline requests findings on disputed requirements. VAWA reopening limits deadline treats any stay separately.

Number Rule

VAWA reopening limits number rule starts with the final order. VAWA reopening limits number rule identifies the current tribunal. VAWA reopening limits number rule applies this rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits number rule checks every prior motion. VAWA reopening limits number rule states the requested remedy. VAWA reopening limits number rule separates reopening from reconsideration. VAWA reopening limits number rule identifies any claimed exception.

VAWA reopening limits number rule uses evidence tied to procedure. VAWA reopening limits number rule avoids unsupported factual assertions. VAWA reopening limits number rule applies this additional rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits number rule cites affidavits and exhibits precisely. VAWA reopening limits number rule explains prior unavailability when required. VAWA reopening limits number rule addresses contrary record material. VAWA reopening limits number rule connects procedure to requested relief.

VAWA reopening limits number rule should produce a reviewable ruling. VAWA reopening limits number rule preserves timeliness disputes. VAWA reopening limits number rule preserves numerical-limit disputes. VAWA reopening limits number rule applies this preservation rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits number rule records the DHS position. VAWA reopening limits number rule requests findings on disputed requirements. VAWA reopening limits number rule treats any stay separately.

Evidence

VAWA reopening limits evidence starts with the final order. VAWA reopening limits evidence identifies the current tribunal. VAWA reopening limits evidence applies this rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits evidence checks every prior motion. VAWA reopening limits evidence states the requested remedy. VAWA reopening limits evidence separates reopening from reconsideration. VAWA reopening limits evidence identifies any claimed exception.

VAWA reopening limits evidence uses evidence tied to procedure. VAWA reopening limits evidence avoids unsupported factual assertions. VAWA reopening limits evidence applies this additional rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits evidence cites affidavits and exhibits precisely. VAWA reopening limits evidence explains prior unavailability when required. VAWA reopening limits evidence addresses contrary record material. VAWA reopening limits evidence connects procedure to requested relief.

VAWA reopening limits evidence should produce a reviewable ruling. VAWA reopening limits evidence preserves timeliness disputes. VAWA reopening limits evidence preserves numerical-limit disputes. VAWA reopening limits evidence applies this preservation rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits evidence records the DHS position. VAWA reopening limits evidence requests findings on disputed requirements. VAWA reopening limits evidence treats any stay separately.

Materiality

VAWA reopening limits materiality starts with the final order. VAWA reopening limits materiality identifies the current tribunal. VAWA reopening limits materiality applies this rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits materiality checks every prior motion. VAWA reopening limits materiality states the requested remedy. VAWA reopening limits materiality separates reopening from reconsideration. VAWA reopening limits materiality identifies any claimed exception.

VAWA reopening limits materiality uses evidence tied to procedure. VAWA reopening limits materiality avoids unsupported factual assertions. VAWA reopening limits materiality applies this additional rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits materiality cites affidavits and exhibits precisely. VAWA reopening limits materiality explains prior unavailability when required. VAWA reopening limits materiality addresses contrary record material. VAWA reopening limits materiality connects procedure to requested relief.

VAWA reopening limits materiality should produce a reviewable ruling. VAWA reopening limits materiality preserves timeliness disputes. VAWA reopening limits materiality preserves numerical-limit disputes. VAWA reopening limits materiality applies this preservation rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits materiality records the DHS position. VAWA reopening limits materiality requests findings on disputed requirements. VAWA reopening limits materiality treats any stay separately.

Exceptions

VAWA reopening limits exceptions starts with the final order. VAWA reopening limits exceptions identifies the current tribunal. VAWA reopening limits exceptions applies this rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits exceptions checks every prior motion. VAWA reopening limits exceptions states the requested remedy. VAWA reopening limits exceptions separates reopening from reconsideration. VAWA reopening limits exceptions identifies any claimed exception.

VAWA reopening limits exceptions uses evidence tied to procedure. VAWA reopening limits exceptions avoids unsupported factual assertions. VAWA reopening limits exceptions applies this additional rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits exceptions cites affidavits and exhibits precisely. VAWA reopening limits exceptions explains prior unavailability when required. VAWA reopening limits exceptions addresses contrary record material. VAWA reopening limits exceptions connects procedure to requested relief.

VAWA reopening limits exceptions should produce a reviewable ruling. VAWA reopening limits exceptions preserves timeliness disputes. VAWA reopening limits exceptions preserves numerical-limit disputes. VAWA reopening limits exceptions applies this preservation rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits exceptions records the DHS position. VAWA reopening limits exceptions requests findings on disputed requirements. VAWA reopening limits exceptions treats any stay separately.

DHS Response

VAWA reopening limits dhs response starts with the final order. VAWA reopening limits dhs response identifies the current tribunal. VAWA reopening limits dhs response applies this rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits dhs response checks every prior motion. VAWA reopening limits dhs response states the requested remedy. VAWA reopening limits dhs response separates reopening from reconsideration. VAWA reopening limits dhs response identifies any claimed exception.

VAWA reopening limits dhs response uses evidence tied to procedure. VAWA reopening limits dhs response avoids unsupported factual assertions. VAWA reopening limits dhs response applies this additional rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits dhs response cites affidavits and exhibits precisely. VAWA reopening limits dhs response explains prior unavailability when required. VAWA reopening limits dhs response addresses contrary record material. VAWA reopening limits dhs response connects procedure to requested relief.

VAWA reopening limits dhs response should produce a reviewable ruling. VAWA reopening limits dhs response preserves timeliness disputes. VAWA reopening limits dhs response preserves numerical-limit disputes. VAWA reopening limits dhs response applies this preservation rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits dhs response records the DHS position. VAWA reopening limits dhs response requests findings on disputed requirements. VAWA reopening limits dhs response treats any stay separately.

Respondent Proof

VAWA reopening limits respondent proof starts with the final order. VAWA reopening limits respondent proof identifies the current tribunal. VAWA reopening limits respondent proof applies this rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits respondent proof checks every prior motion. VAWA reopening limits respondent proof states the requested remedy. VAWA reopening limits respondent proof separates reopening from reconsideration. VAWA reopening limits respondent proof identifies any claimed exception.

VAWA reopening limits respondent proof uses evidence tied to procedure. VAWA reopening limits respondent proof avoids unsupported factual assertions. VAWA reopening limits respondent proof applies this additional rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits respondent proof cites affidavits and exhibits precisely. VAWA reopening limits respondent proof explains prior unavailability when required. VAWA reopening limits respondent proof addresses contrary record material. VAWA reopening limits respondent proof connects procedure to requested relief.

VAWA reopening limits respondent proof should produce a reviewable ruling. VAWA reopening limits respondent proof preserves timeliness disputes. VAWA reopening limits respondent proof preserves numerical-limit disputes. VAWA reopening limits respondent proof applies this preservation rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits respondent proof records the DHS position. VAWA reopening limits respondent proof requests findings on disputed requirements. VAWA reopening limits respondent proof treats any stay separately.

Drafting

VAWA reopening limits drafting starts with the final order. VAWA reopening limits drafting identifies the current tribunal. VAWA reopening limits drafting applies this rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits drafting checks every prior motion. VAWA reopening limits drafting states the requested remedy. VAWA reopening limits drafting separates reopening from reconsideration. VAWA reopening limits drafting identifies any claimed exception.

VAWA reopening limits drafting uses evidence tied to procedure. VAWA reopening limits drafting avoids unsupported factual assertions. VAWA reopening limits drafting applies this additional rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits drafting cites affidavits and exhibits precisely. VAWA reopening limits drafting explains prior unavailability when required. VAWA reopening limits drafting addresses contrary record material. VAWA reopening limits drafting connects procedure to requested relief.

VAWA reopening limits drafting should produce a reviewable ruling. VAWA reopening limits drafting preserves timeliness disputes. VAWA reopening limits drafting preserves numerical-limit disputes. VAWA reopening limits drafting applies this preservation rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits drafting records the DHS position. VAWA reopening limits drafting requests findings on disputed requirements. VAWA reopening limits drafting treats any stay separately.

Stay Issues

VAWA reopening limits stay issues starts with the final order. VAWA reopening limits stay issues identifies the current tribunal. VAWA reopening limits stay issues applies this rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits stay issues checks every prior motion. VAWA reopening limits stay issues states the requested remedy. VAWA reopening limits stay issues separates reopening from reconsideration. VAWA reopening limits stay issues identifies any claimed exception.

VAWA reopening limits stay issues uses evidence tied to procedure. VAWA reopening limits stay issues avoids unsupported factual assertions. VAWA reopening limits stay issues applies this additional rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits stay issues cites affidavits and exhibits precisely. VAWA reopening limits stay issues explains prior unavailability when required. VAWA reopening limits stay issues addresses contrary record material. VAWA reopening limits stay issues connects procedure to requested relief.

VAWA reopening limits stay issues should produce a reviewable ruling. VAWA reopening limits stay issues preserves timeliness disputes. VAWA reopening limits stay issues preserves numerical-limit disputes. VAWA reopening limits stay issues applies this preservation rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits stay issues records the DHS position. VAWA reopening limits stay issues requests findings on disputed requirements. VAWA reopening limits stay issues treats any stay separately.

Relief Effect

VAWA reopening limits relief effect starts with the final order. VAWA reopening limits relief effect identifies the current tribunal. VAWA reopening limits relief effect applies this rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits relief effect checks every prior motion. VAWA reopening limits relief effect states the requested remedy. VAWA reopening limits relief effect separates reopening from reconsideration. VAWA reopening limits relief effect identifies any claimed exception.

VAWA reopening limits relief effect uses evidence tied to procedure. VAWA reopening limits relief effect avoids unsupported factual assertions. VAWA reopening limits relief effect applies this additional rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits relief effect cites affidavits and exhibits precisely. VAWA reopening limits relief effect explains prior unavailability when required. VAWA reopening limits relief effect addresses contrary record material. VAWA reopening limits relief effect connects procedure to requested relief.

VAWA reopening limits relief effect should produce a reviewable ruling. VAWA reopening limits relief effect preserves timeliness disputes. VAWA reopening limits relief effect preserves numerical-limit disputes. VAWA reopening limits relief effect applies this preservation rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits relief effect records the DHS position. VAWA reopening limits relief effect requests findings on disputed requirements. VAWA reopening limits relief effect treats any stay separately.

Review

VAWA reopening limits review starts with the final order. VAWA reopening limits review identifies the current tribunal. VAWA reopening limits review applies this rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits review checks every prior motion. VAWA reopening limits review states the requested remedy. VAWA reopening limits review separates reopening from reconsideration. VAWA reopening limits review identifies any claimed exception.

VAWA reopening limits review uses evidence tied to procedure. VAWA reopening limits review avoids unsupported factual assertions. VAWA reopening limits review applies this additional rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents. VAWA reopening limits review cites affidavits and exhibits precisely. VAWA reopening limits review explains prior unavailability when required. VAWA reopening limits review addresses contrary record material. VAWA reopening limits review connects procedure to requested relief.

VAWA reopening limits review should produce a reviewable ruling. VAWA reopening limits review preserves timeliness disputes. VAWA reopening limits review preserves numerical-limit disputes. VAWA reopening limits review applies this preservation rule: Matter of M-M-L-J- recognizes the limited statutory VAWA exception to the one-motion number bar. VAWA reopening limits review records the DHS position. VAWA reopening limits review requests findings on disputed requirements. VAWA reopening limits review treats any stay separately.

Checklist

VAWA reopening limits checklist starts with the final order. VAWA reopening limits checklist identifies the current tribunal. VAWA reopening limits checklist applies this rule: The evidence should establish qualifying status, proposed relief, and facts supporting any timing waiver. VAWA reopening limits checklist checks every prior motion. VAWA reopening limits checklist states the requested remedy. VAWA reopening limits checklist separates reopening from reconsideration. VAWA reopening limits checklist identifies any claimed exception.

VAWA reopening limits checklist uses evidence tied to procedure. VAWA reopening limits checklist avoids unsupported factual assertions. VAWA reopening limits checklist applies this additional rule: Matter of B-S-H- holds that the extraordinary-circumstances or extreme-hardship waiver applies to temporal limitations and not the numerical limitation. VAWA reopening limits checklist cites affidavits and exhibits precisely. VAWA reopening limits checklist explains prior unavailability when required. VAWA reopening limits checklist addresses contrary record material. VAWA reopening limits checklist connects procedure to requested relief.

VAWA reopening limits checklist should produce a reviewable ruling. VAWA reopening limits checklist preserves timeliness disputes. VAWA reopening limits checklist preserves numerical-limit disputes. VAWA reopening limits checklist applies this preservation rule: A VAWA filing should identify the exact statutory clause invoked. VAWA reopening limits checklist records the DHS position. VAWA reopening limits checklist requests findings on disputed requirements. VAWA reopening limits checklist treats any stay separately.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the central rule for VAWA motion reopen B-S-H M-M-L-J limits?
VAWA reopening limits follows this rule: INA §240(c)(7)(C)(iv) creates special reopening rules for qualifying battered spouses, children, and parents.
What deadline matters for VAWA motion reopen B-S-H M-M-L-J limits?
VAWA reopening limits requires separate analysis of the ordinary 90-day reopening deadline, the 30-day reconsideration deadline, and any exception actually invoked.
What evidence matters for VAWA motion reopen B-S-H M-M-L-J limits?
VAWA reopening limits uses evidence tied to the governing procedural requirement; reopening ordinarily depends on supported new facts while reconsideration ordinarily relies on the existing record.
Does VAWA motion reopen B-S-H M-M-L-J limits automatically stay removal?
No. VAWA reopening limits does not itself create an automatic stay; a separate stay request may be necessary.
Can equitable tolling solve every limit affecting VAWA motion reopen B-S-H M-M-L-J limits?
No. VAWA reopening limits must distinguish the time bar from the number bar, and Matter of M-M-L-J- holds that equitable tolling does not apply to the statutory number bar.
How should VAWA motion reopen B-S-H M-M-L-J limits be preserved for review?
VAWA reopening limits should preserve forum, deadline, prior motions, exceptions, evidence, the DHS response, and the adjudicator's ruling.
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