The Eighth Circuit has determined that an individual who was admitted to the United States on a visa after being removed, but who did not request permission to return to the United States prior to returning to the country, is subject to reinstatement of that removal order. The court also found that there is no miscarriage-of-justice exception to the statutory prohibition on reopening a reinstated removal order.
The full text of Gutierrez-Gutierrez v. Garland can be found here: