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Society, Law & Government 2026-09-09 00:00 UTC edition Story 13 of 24 Gate: passed

Second Circuit Rules CBP Has Authority to Reopen Reinstatement Orders

The court determined that federal immigration officials possess the administrative power to reconsider and rescind their own removal decisions.

Status: draft - Built from Synorb manifests, source URLs, claim refs, and MCP-servable evidence.

Story BuildSociety, Law & Government
Manifests reviewed
958
Manifests cited
1
Claim refs
6
Agent-readable
809
Not decoration: this is the source-work behind the story, from collected manifests to cited claims.

Court Defines CBP Authority

The U.S. Court of Appeals for the Second Circuit ruled that reinstatement orders are final orders of removal under 8 U.S.C. § 1252(a). This ruling means federal circuit courts have the jurisdiction to review these decisions, opening a clear legal path for challenging them.[1]

The court decided that 8 C.F.R. § 103.5 gives CBP the explicit authority to reopen, reconsider, and rescind its own reinstatement decisions. CBP had previously denied a motion to reopen because officials believed they did not have the legal power to do so, which the court identified as an abuse of discretion.[2][3]

The ruling also clarified the timeline for filing these challenges. The court held that the 30-day filing deadline under 8 U.S.C. § 1252(b)(1) is a claims-processing rule, not a strict jurisdictional bar that blocks courts from hearing a case.[4]

In this specific case, the petitioner, Santos, failed to show the reasonable diligence needed for equitable tolling on his 2017 reinstatement order. However, under 8 U.S.C. § 1252(b)(6), the court maintained its jurisdiction to review CBP's denial of the motion to reopen and sent the case back to the agency.[5][6]

Key takeaways

  • Reinstatement orders are final orders of removal under 8 U.S.C. § 1252(a), granting circuit courts jurisdiction to review them. 1 source
  • The court denied the petition for review of the 2017 reinstatement order as untimely, finding the petitioner failed to exercise the diligence required for equitable tolling. 1 source
  • CBP abused its discretion by denying the motion to reopen based on the erroneous legal conclusion that it lacked the authority to do so. 1 source
  • The court remanded the case for CBP to consider the motion to reopen on its merits. 1 source

What’s unresolved

  • Scope of CBP's discretion on remand
  • Impact on pending reinstatement challenges in other circuits

Citations

  1. [1] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders Reinstatement orders are final orders of removal under 8 U.S.C. § 1252(a). Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP
  2. [2] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders 8 C.F.R. § 103.5 authorizes CBP to reopen, reconsider, and rescind reinstatement orders. Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP
  3. [3] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders CBP abused its discretion by denying the motion to reopen based on the erroneous belief it lacked authority. Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP
  4. [4] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders The 30-day filing deadline in 8 U.S.C. § 1252(b)(1) is a claims-processing rule rather than a jurisdictional bar. Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP
  5. [5] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders Santos failed to exercise reasonable diligence to warrant equitable tolling for his 2017 reinstatement order. Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP
  6. [6] Second Circuit Holds CBP Has Authority to Reopen Reinstatement Orders 8 U.S.C. § 1252(b)(6) grants jurisdiction to review CBP's denial of a motion to reopen a reinstatement order. Manifest ID 1788881710037162125 - U.S. Court of Appeals for the Second Circuit - Second Circuit Opinions - interrogate via MCP