The Eighth Circuit has granted in part a petition for review filed by a Filipino lawful permanent resident removed based on two since-vacated California convictions, holding that the regulatory "departure bar" cannot be used to deny a statutory motion to reopen filed after the noncitizen has already been removed.
Joining every other circuit to address the question, the Court held that 8 U.S.C. § 1229a(c)(7) contains no geographic limitation on who may file a motion to reopen, and that the BIA's regulation barring post-departure motions conflicts with that statutory grant, especially now that Loper Bright forecloses deference to the agency's contrary interpretation. The Court remanded for the BIA to consider the merits of the motion, which is based on the vacatur of the petitioner's underlying criminal convictions, while confirming that courts still lack jurisdiction to review the separate denial of sua sponte reopening.
The full text of Lacsina v. Blanche can be found here: https://ecf.ca8.uscourts.gov/opndir/26/08/243373P.pdf