The petitioner lasted entered the United States using the Visa Waiver Program (VWP). Use of the VWP requires a traveler to waive any right to contest a removal order except through a claim for asylum. The petitioner remained in the United States beyond the 90 day authorized period, and ICE issued a removal order against him. He later filed a motion to reopen that order, which ICE denied. He then filed a Petition for Review of the denial.
The Fifth Circuit dismissed, find that the petition was premised on the denial of a motion that the petitioner was not entitled to file in the first instance.
The full text of Lavery v. Barr can be found here:
http://www.ca5.uscourts.gov/opinions/pub/18/18-60244-CV0.pdf