The Fifth Circuit has found that the reinstatement provision, which prevents reopening of a reinstated removal order, trumps the statutory provision allowing a non-citizen to file one motion to reopen.

“Although Rodriguez-Saragosa responds that we have ‘created a conflict’ between 8 U.S.C. § 1229a(c)(7)(A) and § 1231(a)(5), we detect no inconsistency. The former provides that every alien ordered removed from the United States has a right to file one motion to reopen his or her removal proceedings. And the latter provides that an alien forfeits that right by reentering the country illegally. That is the clear import of the statute’s unambiguous text.”

The full text of Rodriguez-Saragosa v. Sessions can be found here: