BIA One-Motion Limit: What Matter of M-M-L-J- Means for Motions to Reopen

On Aug. 21, 2026, the Board of Immigration Appeals issued a precedential decision in Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026). The decision clarifies the statutory number limit for motions to reopen immigration proceedings.

The short version

The BIA says a person generally gets one motion to reopen. That one-motion limit applies whether the motion is filed with the Immigration Court or with the Board of Immigration Appeals.

The decision also says equitable tolling does not remove the statutory number bar. Equitable tolling can matter for deadlines in some cases, but the Board says it does not create extra motions beyond the number Congress allowed.

What happened in the case

The respondent, a native and citizen of Jordan, had a final removal order and had already filed multiple motions to reopen. His latest filing asked the BIA to reopen the case based on a family petition filed by his third wife and again raised ineffective-assistance arguments.

The Board denied the filing as number-barred. It pointed to the statute's one-motion limit and noted a limited statutory exception for battered spouses, children and parents.

Why this matters

A motion to reopen can be one of the most important tools in an immigration case, but the filing rules are strict. This decision reinforces that the first motion to reopen may be the only ordinary chance to put the reopening record together.

That does not mean every later request is impossible. Some statutory or regulatory exceptions may apply, and different procedural vehicles may exist depending on the case history. But the starting point after Matter of M-M-L-J- is that a person should not assume they can keep filing new motions until one works.

Practical checklist before filing

Before filing or advising on a motion to reopen, check:

• whether any prior motion to reopen was already filed with the Immigration Court or BIA;
• whether the filing is timely;
• whether a statutory or regulatory exception may apply;
• whether the case involves ineffective assistance of counsel documentation; and
• whether removal, appeal or filing deadlines require immediate legal help.

For the separate BIA decision on ineffective-assistance documentation, see ImmigroNews' explainer: BIA clarifies Lozada bar complaint proof for ineffective-assistance motions.

For broader 2026 immigration updates, see: Major US immigration policy changes in 2026.

Official source

• Department of Justice / EOIR: Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026)

*This article is general immigration information, not legal advice. The summary above is based on the BIA decision linked in the official source.*