The Board of Immigration Appeals has denied a fourth motion to reopen filed by a Jordanian respondent, holding that the INA's limitation to a single motion to reopen, subject only to the narrow battered-spouse exception, cannot be equitably tolled based on an ineffective assistance of counsel claim.
Adopting the Fifth Circuit's reasoning in Garcia Morin v. Bondi, the Board held that a numerical cap functions as a substantive res judicata rule rather than an ordinary limitations period, and that Congress's choice to write in only one express exception forecloses any judicially created equitable exception. The Board declined to treat the motion as warranting sua sponte reopening, noting the respondent's newly acquired marital equities arose years after his removal order became final.
The full text of Matter of M-M-L-J- can be found here: https://www.justice.gov/eoir/media/1458296/dl?inline