Waiver for Motions to Reopen Under VAWA Limited to Filing Deadlines; BIA Denies Second Motion Due to Numerical Bar.

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Executive Summary: BIA Limits VAWA Waiver to Deadlines

Yesterday, in Matter of B–S–H–, the BIA held that under the plain language of INA §240(c)(7)(C)(iv)(III), the extraordinary circumstances or extreme trouble waiver for motions to reopen applies only to temporary limitations. This is specifically for filing a motion to reopen to apply for VAWA relief. It does not apply to the numeric limitation on such motions. Thus, he could not invoke the VAWA extraordinary-circumstances waiver to overcome that bar. The BIA highlighted that Congress expressly limited the waiver to deadlines and not to the one-motion rule. Accordingly, the BIA denied the participant motion to reopen.

VAWA motion to reopen waiver filing deadline

Recent Board of Immigration Appeals rulings clarify two points: (1) VAWA-based equitable considerations can sometimes excuse missed filing deadlines for motions to reopen or reconsider, but that relief is narrowly tailored to the filing deadline and does not erase other procedural restrictions; and (2) the BIA enforces numerical limits on motions (the “one-motion” rule), which may bar a second motion even when a petitioner invokes VAWA-related hardship. Therefore, victims and counsel should treat VAWA tolling as a targeted remedy — useful for curing lateness but not a blanket fix for other procedural bars.

What happened (plain summary)

  • A motion to reopen filed late may be excused if the petitioner shows VAWA-related abuse or extraordinary hardship that prevented timely filing, but the Board expects narrow, corroborated proof.
  • The BIA enforces rules limiting motions to reopen/reconsider; a second motion that rehashes earlier arguments or lacks a proper exception can be denied on numerical grounds.
  • Successful VAWA tolling typically resolves only the lateness issue; it does not automatically permit repeated motions or override other jurisdictional limits.

Practical implications for clients & counsel

  1. Treat VAWA tolling as narrow: seek it to excuse a missed deadline, but separately prove the merits (new evidence/changed conditions).
  2. Don’t assume unlimited filings: evaluate whether the case meets statutory exceptions that allow a second motion.
  3. Corroborate thoroughly: use police reports, medical records, social-service notes, and contemporaneous statements to show abuse and its effects on filing ability.
  4. Map procedural bars early: document prior filings and explain why new evidence was not previously available despite due diligence.
  5. Preserve appellate options: if the Board denies relief on numerical grounds, consider whether a federal petition for review is appropriate.

Tactical checklist (paste-ready)

  • Collect VAWA evidence (medical, police, NGO records).
  • Draft a focused VAWA-tolling section separate from merits arguments.
  • Compile a procedural chronology showing prior motions and filing dates.
  • Prepare an exhibit index and a one-page executive summary separating filing-deadline and merits arguments.

How we help

We draft motions to reopen that handle VAWA tolling correctly, prepare the merits showing of new/material evidence or changed country conditions, map exceptions to the numerical bar, and preserve appellate claims. 

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