The Ninth Circuit has determined that the statutory bar to reopening or reconsidering a reinstated removal is non-jurisdictional, and therefore, the Board of Immigration Appeals may exercise its jurisdiction to reopen a reinstated removal order.
The full text of Suate-Orellana v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/07/19-72446.pdf