The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agreement. But they are in conflict as to whether they have jurisdiction to review an agency's denial of a request for equitable tolling of the numerical limit made by a petitioner who filed multiple motions but was never heard on each of his prior motions.

Therefore, the question presented is:

Is a request for equitable tolling of the numerical limit, if petitioner was heard on his first, second and third motion to reopen because of error, fraud and ineffectiveness of counsel as it applies to statutory motions to reopen which is never judicially reviewable as a "question of law."

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