The Ninth Circuit has concluded that the agency lacks jurisdiction to reopen a reinstated removal order. As such, it denied the petitioner’s appeal citing the reinstatement provision, even though the agency denied the underlying motion to reopen on due diligence grounds.
The full text of Gutierrez-Zavala v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/04/26/20-73398.pdf