The Sixth Circuit has dismissed a collateral challenge to a removal order brought through an appeal of the reinstatement of that removal order, finding that any challenges to the underlying order had to be brought through a petition for review filed within 30 days of the finality of that order. However, the court did suggest that an exception might exist to this rule, though the exception did not apply in this case.
“As this court has explained previously, ‘we do not preclude the possibility that an alien could raise a Suspension Clause challenge to § 1252(b)(1) where the provision forecloses judicial review of an underlying removal order in a reinstatement proceeding; and where, either due to ineffective assistance of counsel or misconduct by government officials, the alien was prevented from challenging that underlying order and now is barred from reopening his removal proceedings (as a means to challenge that underlying order) because he is subject to reinstatement under § 1231(a)(5).’ We reserve judgment on this issue for another day as Moreno-Martinez did not raise it here.”
The full text of Moreno-Martinez v. Barr can be found here:
http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0174p-06.pdf