The Supreme Court's recent decision in Mata v. Lynch makes clear that a federal court has jurisdiction to review whether a petitioner's request for equitable tolling of the 90-day deadline for filing a motion to reopen. Typically, a petitioner seeking reopening of proceedings on the basis of ineffective assistance of counsel would make an equitable tolling request based on his inability to discover his prior attorney's substandard conduct. Unfortunately for Babatunde Shoyombo, his motion to reopen requested sua sponte reopening of his proceedings based on his prior attorney's ineffective assistance, and did not make any arguments for equitable tolling. As such, the Eighth Circuit invoked its long-standing precedent that it does not not have jurisdiction to review the denial of a sua sponte motion to reopen.
The full text of Shoyombo v. Lynch can be found here: http://media.ca8.uscourts.gov/opndir/15/08/142649P.pdf