The Fifth Circuit has determined that a motion to reopen based on changed country conditions - although an exception to the 90-day filing deadline for motions to reopen - is subject the numerical limitations on motions to reopen. Although the Court recognized that a regulation exempts changed country conditions motions to reopen from the numerical bar, they found the regulation to exceed the terms of the statute, and thus, be invalid. The Court further suggested that only VAWA-based motions to reopen can be exempted from the numerical limitation.

The full text of Djie v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/20/20-60448-CV0.pdf

Comment