Cuenca v. Barr

The language of 8 U.S.C. §1231(a)(5) unambiguously and permanently bars the reopening of a reinstated prior removal order; §1231(a)(5) provides that an alien forfeits the right to file a motion to reopen by reentering the country illegally; withholding of removal and protection under the Convention Against Torture are available in reinstatement proceedings, and some collateral attack on an underlying order during reinstatement proceedings may be available if the petitioner can show that he suffered a gross miscarriage of justice in the initial proceeding.

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