In an unpublished decision, the Third Circuit suggested that misinformation from a government employee (namely, an ICE officer who failed to inform him that he was eligible for bond or that he could seek relief from removal, and who instead convinced him to sign an expedited order of removal) may support an equitable tolling argument for a motion to reopen.  This equitable tolling could turn an untimely motion to reopen into a statutory motion to reopen (not subject to the post-departure regulatory bar) instead of leaving it as a sua sponte request for reopening.

The full text of Valdivinos-Lopez v. Lynch can be found here: