Ninth Circuit Finds Jurisdiction to Review Extraordinary Circumstances for VAWA Motion to Reopen

Ninth Circuit Finds Jurisdiction to Review “Extraordinary Circumstances” for VAWA Motions to Reopen — Why It Matters

The U.S. Court of Appeals for the Ninth Circuit held that it has jurisdiction to review the Board of Immigration Appeals’ decision on whether a VAWA applicant showed “extraordinary circumstances” to excuse the one-year filing deadline for a special VAWA motion to reopen. Although the court ultimately denied the petitioner’s case on the facts, the ruling is a significant win on reviewability.

What the court said

• Determining whether facts meet the extraordinary-circumstances standard is a mixed question of law and fact, and therefore a “question of law” that courts may review under 8 U.S.C. § 1252(a)(2)(D), consistent with the Supreme Court’s analysis in Wilkinson and Guerrero-Lasprilla. The government’s argument that this determination was unreviewable “discretion” was rejected.
• The court emphasized the VAWA statute: 8 U.S.C. § 1229a(c)(7)(C)(iv)(III) allows the Attorney General to waive the one-year limit for a VAWA motion to reopen upon a showing of extraordinary circumstances (or extreme hardship to a child).

Context and developing law

• Other circuits disagree about reviewability. The Ninth Circuit aligned with the Fifth Circuit (jurisdiction exists) and diverged from others finding no jurisdiction—so forum matters.
• The BIA recently reiterated the statutory framework, noting it may waive the one-year limit in VAWA cases upon a showing of extraordinary circumstances or extreme hardship to a child—and that the decision remains discretionary.

What this means for you (Ninth Circuit states)

If your VAWA-based motion to reopen was denied as untimely because the BIA said you lacked “extraordinary circumstances,” you may now seek federal court review of that legal determination (Arizona, California, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii, Guam, NMI). The court can send the case back if the BIA misapplied the standard—even though the ultimate grant of reopening remains discretionary.

Practical steps

• Preserve the issue: clearly argue “extraordinary circumstances” in your motion/appeal.
• Document causation: show how abuse, trauma, hospitalization, threats, or other factors caused the filing delay; include expert declarations and timelines.
• Don’t forget alternatives: plead extreme hardship to a child where supported.
• Mind deadlines: file a timely petition for review from the BIA’s decision.

We can audit your record, frame the extraordinary-circumstances theory, and brief the case for remand-worthy federal review.