Garcia Morin v. Bondi
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The Fifth Circuit denied and dismissed in part Juan Jose Garcia Morin’s second motion to reopen his removal proceedings, holding that the Immigration and Nationality Act’s one-motion limit is an absolute statutory bar that cannot be equitably tolled. The court rejected Garcia Morin’s reliance on Borden and found no due-process violation, creating an explicit split with circuits that permit equitable tolling of the numerical bar.
Circuit Split Identified
Legal Issue
Whether equitable tolling applies to the Immigration and Nationality Act’s numerical limitation that allows an alien to file only one motion to reopen removal proceedings
Circuit Positions
Equitable tolling may be applied to the INA’s numerical bar on motions to reopen
Equitable tolling is categorically unavailable to the INA’s numerical bar on motions to reopen
Conflict Summary
Several circuits (2d, 7th, 9th, and 11th) treat the INA’s one-motion rule as a non-jurisdictional claim-processing rule subject to equitable tolling, allowing petitioners to file additional motions where extraordinary circumstances exist. The Fifth Circuit, by contrast, holds that the statutory text creates an absolute bar with a single, congressionally-defined exception and therefore is not subject to any judge-made equitable tolling.