The Second Circuit has denied in part and granted in part a petition for review filed by a Brazilian man detained under a 2017 reinstated removal order, reaffirming that reinstatement orders are final orders of removal subject to judicial review.
The Court held that the petitioner's direct challenge to his six-year-old reinstatement order was untimely and that he failed to show the diligence needed for equitable tolling but separately held that 8 C.F.R. § 103.5 gives CBP authority to reopen or reconsider its own reinstatement decisions, rejecting the government's argument that the regulation is limited to USCIS benefits proceedings. Because CBP denied the petitioner's motion solely on the mistaken belief that it lacked any mechanism to reopen a reinstatement order, the Court remanded for the agency to consider the motion on its merits.
The full text of Santos v. Blanche can be found here: https://ww3.ca2.uscourts.gov/decisions/OPN/23-7191_complete_opn.pdf