The Fifth Circuit has revisited whether it has jurisdiction to review the denial of a motion to reopen baed on lack of notice when the Department of Homeland Security has reinstated that order. The court concluded that it does have jurisdiction to review, and that the petitioner need not show a gross miscarriage of justice to trigger that jurisdiction.
The court withdrew its previous opinion in this matter and replaced it with the current opinion. The full text of the new opinion in Mejia v. Whitaker can be found here:
http://www.ca5.uscourts.gov/opinions/pub/16/16-60179-CV1.pdf