The Second Circuit has determined that a deported LPR acted with diligence when he filed a motion to reopen or reconsider within 30 days of the Second Circuit determining that his conviction was not a removable offense.
The full text of Ramsay v. Bondi can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/8ea3a373-602c-4410-a9b8-13d57d47d94e/3/doc/23-8121_opn.pdf