The Board of Immigration Appeals has held that “[a] supplemental filing to a motion to reopen that raises claims that are fundamentally different from those raised in the original motion is treated as a separate motion.”
“The Board entered the final administrative order in these proceedings on July 30, 2021, and the respondent timely moved to reopen this decision on October 27, 2021. The respondent filed a ‘supplement’ requesting VAWA relief on February 6, 2023, over 18 months after our final order. The contents of these two filings are wholly unrelated. A motion claiming a respondent suffered battery or extreme cruelty by a spouse is fundamentally different from a motion claiming that spouse has petitioned for the respondent to become a lawful permanent resident or would suffer exceptional and extremely unusual hardship if the respondent were removed. Accordingly, we find the respondent’s ‘supplemental”’motion to reopen to apply for adjustment of status and cancellation of removal under VAWA is in fact a second motion to reopen that was not timely filed within 1 year of the final administrative order of removal. “
The full text of Matter of D-E-B- can be found here: